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COMPILATION 



OF 



NATIONAL PARK SERVICE LAWS 



rTH 



107" CONGRESS 




January 2001 to December 2002 



iy of Georgia 



^ O I. i,: i 



LIBRARIES 
DEPOSITORY 



UNITED STATES DEPARTMENT OF THE INTERIOR 

Gale A. Norton, Secretary 

NATIONAL PARK SERVICE 

Fran P. MaINELLA, Director 



COMPILATION OF 

NATIONAL PARK SERVICE LAWS 

107™ CONGRESS 



January 2001 to December 2002 




WASHINGTON: 2003 



Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/compilationofnat107unse 



FOREWORD 

This compilation includes all laws enacted by the 107* Congress in 2001 and 
2002 that affect the National Park Service. As with past Congresses, legislation that 
concerned national parks was included in appropriation bills. In these cases, we 
have noted in the index the specific section of the act where the language can be 
found. 

The text used for each public law is the same version as is found in the United 
States Statutes at Large. A line of stars in the text denotes omitted, extraneous 
material. 

In addition to the public laws, we have decided to begin including in these 
biennial compilations copies of any presidential proclamations and executive orders 
that affect the National Park Service. While there were no presidential 
proclamations involving Park Service lands during 2001 and 2002, we have included 
some executive orders that are relevant to our work. 

We thank the National Park Foundation for providing fiinding to complete this 
publication. We also appreciate the assistance of LaTonya Wesley and Beverly 
Davenport in compiling these laws. If you have any questions, please feel free to 
contact us. 



Jeffrey K. Taylor Donald J. Hellmann 

Assistant Director Deputy Assistant Director/ 

Legislative and Congressional Affairs Chief of Legislation 

Legislative and Congressional Affairs 



May, 2003 



TABLE OF CONTENTS 

NATIONAL PARK SERVICE LAWS 2001-2002 
107* Congress 

L General Legislation: 

1. American Battlefield Protection Act of 1996, establish Civil War Battlefield 

grant program), P.L. 107-359 233 

2. Animal Health Protection, Subtitle E of Title X of P.L. 107-171 144 

3. Fee Authority, Sec. 312 of P.L. 107-63 38 

4. Frequent Flyer Miles, Sec. 11 16 of P.L. 107-107 68 

5. Law enforcement at Bureau of Reclamation dams, P.L. 107-69 69 

IL Appropriations: 

1. Department of Defense Appropriations Act for FY 2002, P.L. 107-1 17 82 

2. Department of Defense Appropriations Act for FY 2003, P.L. 107-248 172 

3. District of Columbia Appropriations Act for FY 2002, P.L. 107-96 54 

4. Department of the Interior Appropriations for FY 2002, P.L. 107-63 18 

5. Supplemental Appropriations for FY 2001, P.L. 107-20 2 

6. Supplemental Appropriations for FY 2002, P.L. 107-206 125 

7. Transportation Appropriations Act for FY 2002, P.L. 107-87 47 

IIL National Parks: 

1. Acadia 

a) Sec. 2845 of P.L. 107-107 72 

b) Sec. 310 of P.L. 107-206 128 

c) Sec. 8146 of P.L. 107-248 174 

2. Cuyahoga, Admin, provisions for NPS of P.L. 107-63 24 

3. Great Smoky Mountains, P.L. 107-223 162 

4. National Park of American Samoa, P.L. 107-336 219 

5. Zion, Sec. 122 of P.L. 107-63 31 

IV. National Parks and Preserves: 

1. Glacier Bay, Sec. 130 of P.L. 107-63 32 

V. National Preserve: 

1. Craters of the Moon, P.L. 107-213 133 

2. Mojave 

a) Park Police, P.L. 107-96 55 

b) Sec. 8137 of P.L. 107-1 17 98 

VL National Historical Parks: 

1 . Cedar Creek & Belle Grove, P.L. 107-373 244 

2. New Bedford Whaling, Title V, Sec. 5521 of P.L. 107-1 10 86 

3. Pu'uhonua O Honaunau, P.L. 107-340 224 



4. Salt River Bay, Title III of P.L. 107-329 216 

5. Tumacacori, P.L. 107-218 155 

VII. National Military Parks: 

1. Vicksburg, P.L. 107-238 170 

VII. National Historic Sites: 

1. Andersonville, P.L. 107-357 232 

2. Allegheny Portage Railroad, P.L. 107-369 238 

3. Minuteman Missile, Chapter 6, Sec. 2601 & 2602 of P.L. 107-20 5 

4. New Bedford Whaling, Title V, Part D, Subpart 12 of P.L. 107-1 10 86 

5. Ronald Reagan Boyhood Home, P.L. 107-137 107 

6. William Howard Taft, P.L. 107-60 12 

IX. National Memorials and Memorial Parks 

1. Adams 

(a) P.L. 107-62 15 

(b)P.L. 107-315 207 

2. Air Force, P.L. 107-107 62 

3. Dwight D. Eisenhower, Sec. 8120 of P.L. 107-1 17 96 

4. Flight 93, P.L. 107-226 164 

5. Fort Clatsop, P.L. 107-221 159 

6. Tomas G. Masaryk Memorial, P.L. 107-61 14 

7. World War II, P.L. 107-1 1 1 

X. National Monuments: 

1. Booker T. Washington, P.L. 107-215 135 

2. George Washington Birthplace, P.L. 107-354 230 

3. Homestead, P.L. 107-332 217 

4. Pinnacles, Sec 2(c) of P.L. 107-370 241 

5. Timpanogos Cave, P.L. 107-329 212 

XI. National Seashores/Lakeshores: 

1. Apostlelslands, Chapter 6, Sec. 2601 & 2602 of P.L. 107-20 5 

2. Pictured Rocks, Title IV, Sec. 437 of P.L. 107-295 192 

XII. National Recreation Areas: 

1 . Golden Gate 

a) Sec. 123 of P.L. 107-63 31 

b) Sec. 2861 of P.L. 107-107 74 

c) Title II of P.L. 107-1 17 104 

2. Lake Mead, P.L. 107-282 178 

3. Lake Roosevelt, Sec. 1 14 of P.L. 107-63 1 14 

4. Santa Monica Mountains, P.L. 107-236 168 



11 



XIII. National Rivers: 

1. New River Gorge, P.L. 107-356 231 

XrV. National Parkways: 

1. George Washington Memorial, Sec. 2863 of P.L. 107-107 76 

XV. National Parks for the Performing Arts 

1. Wolf Trap, P.L. 107-219 157 

XVI. National Capital Parks 

1. Prince William Forest Park, Sec. 2835 of P.L. 107-314 204 

XVII. Wild and Scenic Rivers: 

1. Eightmile River (study), P.L. 107-65 42 

XVIII. National Trails System: 

1. Metacomet-Monadnock-Mattabesett (study), P.L. 107-338 223 

2. Navajo Long Walk (study), P.L. 107-214 134 

3. Old Spanish, P.L. 107-325 210 

XIX. National Heritage Areas: 

1. Buffalo Bayou National Heritage Area (study), P.L. 107-337 220 

2. Muscle Shoals National Heritage Area (study), P.L. 107-348 228 

3. Niagara Falls National Heritage Area (study), P.L. 107-256 176 

XX. Miscellaneous Enactments: 

1. Bainbridge Island/Japanese-American Memorial (study), P.L. 107-363 236 

2. Brown vs. Board of Education 50* Anniversary Commission 

(establish), P.L. 107-41 7 

3. Chesapeake Bay Gateways Network, Sec. 9 of P.L. 107-308 197 

4. Great Falls Historic District, NJ (study), P.L. 107-59 1 1 

5. John F. Kennedy Center for the Performing Arts, Division D, 

Title II of P.L.107-1 17 104 

6. National Museum of African American History and Culture Plan for Action 
Presidential Commission, P.L. 107-106 59 

7. POW/ML\ Memorial Flag Act of 2001, P.L. 107-323 208 

8. University ofUtah Museum grant. Title II of P.L. 107-329 215 

9. Vancouver National Historic Reserve, P.L. 107-342 226 

10. Virginia Key Beach, FL (study), P.L. 107-343 227 

11. Waco Mammoth Site Area, TX (study), P.L. 107-341 225 



EXECUTFVE ORDERS, January 20, 2001 -December 31, 2002. 

13221 August 2, 2001 Energy Efficient Standby Power Devices 251 

iii 



13225 September 28, 2001 Continuance of Certain Federal Advisory Committees 252 

1 3258 February 26, 2002 Amending Executive Order 12866 on Regulatory Planning and 

Review 254 

1 3272 August 1 3, 2002 Proper Consideration of Small Entities in Agency Rulemaking .. 256 



IV 



PUBLIC LAW 107-11— MAY 28, 2001 115 STAT. 19 



Public Law 107-11 
107th Congress 

An Act 

To expedite the construction of the World War II memorial in the District of May 28, 2001 



Columbia. [jj ^ 1696] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 40 USC 1003 



note. 



SECTION 1. APPROVAL OF WORLD WAR II MEMORIAL SITE AND 
DESIGN. 

Notwithstanding any other provision of law, the World War 
II memorial described in plans approved by the Commission of 
Fine Arts on July 20, 2000 and November 16, 2000, and selected 
by the National Capital Planning Commission on September 21, 
2000 and December 14, 2000, and in accordance with the special 
use permit issued by the Secretary of the Interior on January 
23, 2001, and numbered NCR-NACC-5 700-0 103, shaU be con- 
structed expeditiously at the dedicated Rsunbow Pool site in the 
District of Coliunbia in a manner consistent with such plans and 
permits, subject to design modifications, if any, approved in accord- 
ance with applicable laws and regulations. 

SEC. 2. APPLICATION OF COMMEMORATIVE WORKS ACT. 

Elements of the memorial design and construction not approved 
as of the date of enactment of this Act shaU be considered and 
approved in accordance with the requirements of the Commemora- 
tive Works Act (40 U.S.C. 1001 et seq.). 

SEC. 3. JUDICIAL REVIEW. 

The decision to locate the memorial at the Rainbow Pool site 
in the District of Columbia and the actions by the Commission 
of Fine Arts on July 20, 2000 and November 16, 2000, the actions 
by the National Capital Planning Commission on September 21, 
2000 and December 14, 2000, and the issuance of the special use 
permit identified in section 1 shall not be subject to judicial review. 

Approved May 28, 2001. 

LEGISLATIVE HISTORY — H.R. 1696: 

CONGRESSIONAL RECORD, Vol. 147 (2001): 

May 15, considered and passed House. 

May 21, considered and passed Senate, amended. 

May 22, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): 

May 28, Presidential statement. 

o 



[CORRECTED PRINT*] 

PUBLIC LAW 107-20— JULY 24, 2001 115 STAT. 155 



Public Law 107-20 
107th Congress 

An Act 

Making supplemental appropriations for the fiscal year ending September 30, 2001, July 24, 2001 

and for other purposes. FH R 22161 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the Supplemental 
following sums are appropriated, out of any money in the Treasury Appropriations 
not otherwise appropriated, for the fiscal year ending September Act, 2001. 
30, 2001, and for other purposes, namely: 

TITLE I— NATIONAL SECURITY MATTERS 

CHAPTER 1 

DEPARTMENT OF JUSTICE 

Radiation Exposure Compensation 

payment to radiation exposure compensation trust fund 

For payment to the Radiation Exposure Compensation Trust 
Fund for approved claims, for fiscal year 2001, such sums as may 
be necessary. 

CHAPTER 2 

DEPARTMENT OF DEFENSE— MILITARY 

MILITARY PERSONNEL 

Military Personnel, Army 

For an additional amount for "Military Personnel, Army", 
$164,000,000. 

Military Personnel, Navy 

For an additional amount for "Military Personnel, Navy", 
$84,000,000. 

Military Personnel, Marine Corps 

For an additional amount for "Military Personnel, Marine 
Corps", $69,000,000. 



*See note at the bottom of page 115 Stat. 164. 



115 STAT. 164 



PUBLIC LAW 107-20^JULY 24, 2001 



and the changes in project costs compared to estimates made in 
Deadline. October, 2000. Not later than August 1, 2001, the Secretary of 

the Army shall submit a report to the congressional defense commit- 
tees explaining the plan or the Department of the Army to expend 
privately donated funds for capital improvements at the United 
States Military Academy between fiscal years 2001 and 2011. 

Sec. 1402. Except as otherwise specifically provided in this 
chapter, amounts provided to the Department of Defense under 
each of the headings in this chapter shall be made available for 
the same time period as the amounts appropriated under each 
such heading in Public Law 106-246. 

(rescissions) 

Sec. 1403. Of the funds provided in the Military Construction 
Appropriations Act, 2001 (PubUc Law 106-246), the following 
amounts are hereby rescinded as of the date of the enactment 
of this Act: 

"Military Construction, Army", $12,856,000; 
"Military Construction, Navy", $6,213,000; 
"Military Construction, Air Force", $4,935,000; 
"Military Construction, Defense-Wide", $14,376,000; 
"Family Housing, Army", $4,000,000; and 
"Family Housing, Air Force", $4,375,000. 
Sec. 1404. Notwithstanding any other provision of law, the 
amount authorized, and authorized to be appropriated, for the 
Defense Agencies for the TRICARE Management Agency for a mili- 
tary construction project for Bassett Army Hospital at Fort Wain- 
wright, Alaska, shall be $215,000,000. 
Federal buildings SeC. 1405. DESIGNATION OF ENGINEERING AND MANAGEMENT 

and facilities. BUILDING AT NORFOLK NaVAL SHIPYARD, VIRGINIA, AFTER NORMAN 

SisiSKY. The engineering and management building (also known 
as Building 1500) at Norfolk Naval Shipyard, Portsmouth, Virginia, 
shall be known as the Norman Sisisky Engineering and Manage- 
ment Building. Any reference to that building in any law, regula- 
tion, map, document, record, or other paper of the United States 
shall be considered to be a reference to the Norman Sisisky 
Engineering and Management Building. 

TITLE II— OTHER SUPPLEMENTAL APPROPRIATIONS 

CHAPTER 1 



DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

For an additional amount for "Office of the Secretary", 
$3,000,000, to remain available until September 30, 2002: Provided, 
That of these funds, no less than $1,000,000 shall be used for 
enforcement of the Animal Welfare Act: Provided further, That 
of these funds, no less than $1,000,000 shall be used to enhance 
humane slaughter practices under the Federal Meat Inspection 
Act: Provided further. That no more than $500,000 of these funds 
shall be made available to the Under Secretary for Research, Edu- 
cation and Economics for development and demonstration of tech- 
nologies to promote the humane treatment of animals: Provided 



*Note: In line 8 of section 1403, the correct amount "$14,376,000" has been added in lieu of 
the amount "$4,376,000". 



115 STAT. 176 PUBLIC LAW 107-20— JULY 24, 2001 

CHAPTER 6 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

management of lands and resources 

For an additional amount for "Management of Lands and 
Resources", $3,000,000, to remain available until expended, to 
address increased permitting responsibilities related to energy 
needs. 

United States Fish and Wildlife Service 

construction 

For an additional amount for "Construction", $17,700,000, to 
remain available until expended, to repair damages caused by 
floods, ice storms, and earthquakes in the States of Washington, 
Illinois, Iowa, Minnesota, Missouri, Wisconsin, New Mexico, Okla- 
homa, and Texas. 

National Park Service 

UNITED states PARK POLICE 

For an additional amount for 'TJnited States Park Police", 
$1,700,000, to remain available until September 30, 2002, for 
unbudgeted increases in pension costs for retired United States 
Park Police officers. 

Bureau of Indian Affairs 

OPERATION of INDLANf PROGRAMS 

(including transfers of funds) 

For an additional amount for "Operation of Indian Programs", 
$50,000,000, to remain available until expended, for electric power 
operations and related activities at the San Carlos Irrigation 
Project, of which such amounts as necessary may be transferred 
to other appropriations accounts for repa5maent of advances pre- 
viously made for such power operations. 

RELATED AGENCY 

DEPARTMENT OF AGRICULTURE 

Forest Service 

forest and rangeland research 

For an additional amount for "Forest and Rangeland Research", 
$1,400,000, to remain available until expended, to carry out 
research and development activities to arrest, control, eradicate, 
and prevent the spread of sudden oak death syndrome. 



PUBLIC LAW 107-20— JULY 24, 2001 115 STAT. 177 

STATE AND PRIVATE FORESTRY 

For an additional sunount for "State and Private Forestry", 
$22,000,000, to remain available until expended, to repair damages 
caused by ice storms in the States of Arkansas, Oklahoma, and 
Texas, and for emergency pest suppression and prevention on Fed- 
eral, State and private lands. 

For an additional amount for "State and Private Forestry", 
$750,000 to be provided to the Kenai Peninsula Borough Spruce 
Bark Beetle Task Force for emergency response and $1,750,000 
to be provided to the Municipality of Anchorage for emergency 
fire fighting response and preparedness to respond to wildfires 
in spruce bark beetle infested forests, to remain available until 
expended: Provided, That such amounts shall be provided as direct 
lump sum pa3anents within 30 days of enactment of this Act. 

NATIONAL FOREST SYSTEM 

For an additional amount for "National Forest System", 
$12,000,000, to remain available until expended, to repair damages 
caused by ice storms in the States of Arkansas and Oklahoma 
and to address illegal cultivation of marijuana in California and 
Kentucky. 

CAPITAL IMPROVEMENT AND MAINTENANCE 

(INCLUDING RESCISSION) 

Of the funds appropriated in title V of Public Law 105-83 
for the purposes of section 502(e) of that Act, the following eimounts 
are rescinded: $1,000,000 for snow removal and pavement preserva- 
tion and $4,000,000 for pavement rehabilitation. 

For an additional amount for "Capital Improvement and 
Maintenance", $5,000,000, to remain available until expended, for 
the purposes of section 502(e) of PubUc Law 105-83. 

For an additional amount for "Capital Improvement and 
Maintenance" to repair damage caused by ice storms in the States 
of Arkansas and Oklahoma, $4,000,000, to remain available until 
expended. 

GENERAL PROVISIONS— THIS CHAPTER 

Sec. 2601. Of the funds appropriated to "Operation of the 
National Park System" in Public Law 106-291, $200,000 for comple- 
tion of a wilderness study at Apostle Islands National Lakeshore, 
Wisconsin, shall remain available until expended. 

Sec. 2602. (a) The unobligated balances as of September 30, 
2001, of the funds transferred to the Secretary of the Interior 
pursuant to section 311 of chapter 3 of division A of the Miscella- 
neous Appropriations Act, 2001 (as enacted into law by Public 
Law 106-554) for maintenance, protection, or preservation of the 
land and interests in land described in section 3 of the Minuteman 
Missile National Historic Site Establishment Act of 1999 (Public 
Law 106-115), are rescinded. 

(b) Subsection (a) shall be effective on September 30, 2001. Effective date. 

(c) The amount rescinded pursuant to subsection (a) is appro- 
priated to the Secretary of the Interior for the purposes specified 
in such subsection, to remain available until expended. 



PUBLIC LAW 107-20— JULY 24, 2001 115 STAT. 193 

Treasury not otherwise appropriated, $1,700,000, to remain avail- 
able until expended, to tne United States-China Security Review 
Commission. 

This Act may be cited as the "Supplemental Appropriations 
Act, 2001". 

Approved July 24, 2001. 



LEGISLATIVE HISTORY — H.R. 2216 (S. 1077): 

HOUSE REPORTS: Nos. 107-102 (Comm. on Appropriations) and 107-148 

(Comm. of Conference). 
SENATE REPORTS: No. 107-33 accompanying S. 1077 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 

June 20, considered and passed House. 

July 10, considered and passed Senate, amended, in Ueu of S. 1077. 

July 20, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTLVL DOCUMENTS, Vol. 37 (2001): 

July 24, Presidential statement. 



o 



115 STAT. 226 PUBLIC LAW 107-41— SEPT. 18, 2001 



Public Law 107-41 
107th Congress 

An Act 

_ To establish a commission for the purpose of encouraging and providing for the 

E-i : commemoration of the 50th anniversary of the Supreme Court decision in Brown 

[H.R. 2133] V. Board of Education. 

Be it enacted by the Senate and House of Representatives of 
36 use note the United States of America in Congress assembled, 

prec. 101. 

SECTION 1. FINDINGS. 

The Congress finds that as the Nation approaches May 17, 
2004, marking the 50th anniversary of the Supreme Court decision 
in Oliver L. Brown et al. v. Board of Education of Topeka, Kansas 
et al., it is appropriate to establish a national commission to plan 
and coordinate the commemoration of that anniversary. 

SEC. 2. ESTABLISHMENT. 

There is estabUshed a commission to be known as the "Brown 
v. Board of Education 50th Anniversary Commission" (referred to 
in this Act as the "Commission"). 

SEC. 3. DUTIES. 

In order to commemorate the 50th anniversary of the Brown 
decision, the Commission shall — 

(1) in conjunction with the Department of Education, plan 
and coordinate pubUc education activities and initiatives, 
including pubUc lectures, writing contests, and public aware- 
ness campaigns, through the Department of Education's ten 
regional offices; and 

(2) in cooperation with the Brown Foundation for Edu- 
cational Equity, Excellence, and Research in Topeka, Kansas 
(referred to in this Act as the "Brown Foundation"), and such 
other public or private entities as the Commission considers 
appropriate, encourage, plan, develop, and coordinate observ- 
ances of the anniversary of the Brown decision. 

SEC. 4. MEMBERSHIP. 

(a) Number and Appointment. — The Commission shall be com- 
posed as follows: 

(1) Two representatives of the Department of Education 
appointed by the Secretary of Education, one of whom shall 
serve as one of two Co-chairpersons of the Commission. 

(2) Two representatives of the Department of Justice 
appointed by the Attorney General, one of whom shall serve 
as one of two Co-chairpersons of the Commission. 

President. (3) Eleven individuals appointed by the President after 

receiving recommendations as follows: 



PUBLIC LAW 107-41— SEPT. 18, 2001 115 STAT. 227 

(A)(i) The Members of the Senate from each State 
described in clause (iii) shall each submit the name of 
one individual from the State to the majority leader and 
minority leader of the Senate. 

(ii) After review of the submissions made under clause 
(i), the majority leader of the Senate, in consultation with 
the minority leader of the Senate, shall recommend to 
the President five individuals, one from each of the States 
described in clause (iii). 

(iii) The States described in this clause are the States 
in which the lawsuits decided by the Brown decision were 
originally filed (Delaware, Kansas, South Carolina, and 
Virginia), and the State of the first legal challenge involved 
(Massachusetts). 

(B)(i) The Members of the House of Representatives 
firom each State described in subparagraph (A)(iii) shall 
each submit the name of one individual from the State 
to the Speaker of the House of Representatives and the 
minority leader of the House of Representatives. 

(ii) After review of the submissions made under clause 
(i), the Speaker of the House of Representatives, in con- 
sultation with the minority leader of the House of Rep- 
resentatives, shall recommend to the President five individ- 
uals, one from each of the States described in subparagraph 
(A)(iii). 

(C) The Delegate to the House of Representatives from 
the District of Columbia shall recommend to the President 
one individual fi"om the District of Columbia. 

(4) Two representatives of the judicial branch of the Federal 
Government appointed by the Chief Justice of the United States 
Supreme Court. 

(5) Two representatives of the Brown Foundation. 

(6) Two representatives of the NAACP Legal Defense and 
Education Fund. 

(7) One representative of the Brown v. Board of Education 
National Historic Site. 

(b) Terms. — Members of the Commission shall be appointed 
for the life of the Commission. 

(c) Vacancies. — A vacancy in the Commission shall be filled 
in the same manner as the original appointment. 

(d) Compensation.— 

(1) In general. — Members of the Commission shall serve 
without pay. 

(2) Travel expenses. — Each member shall receive travel 
expenses, including per diem in lieu of subsistence, in accord- 
ance with applicable provisions under subchapter I of chapter 
57 of title 5, United States Code. 

(e) Quorum. — A majority of members of the Commission shall 
constitute a quorum. 

(f) Meetings. — The Commission shedl hold its first meeting 
not later than 6 months after the date of the enactment of this 
Act. The Commission shall subsequently meet at the call of a 
Co-chairperson or a majority of its members. 

(g) Executive Director and Staff.— The Commission may 
secure the services of an executive director and staff personnel 
as it considers appropriate. 



115 STAT. 228 PUBLIC LAW 107-41— SEPT. 18, 2001 

SEC. 5. POWERS. 

(a) Powers of Members and Agents.— Any member or agent 
of the Commission may, if so authorized by the Commission, take 
any action which the Commission is authorized to take under 
this Act. 

(b) Gifts and Donations.— 

(1) Authority to accept. — The Commission may accept 
and use gifts or donations of money, property, or personal 
services. 

(2) Disposition of property. — Any books, manuscripts, 
miscellaneous printed matter, memorabilia, relics, or other 
materials donated to the Commission which relate to the Brown 
decision, shaU, upon termination of the Commission — 

(A) be deposited for preservation in the Brown Founda- 
tion Collection at the Spencer Research Library at the 
University of Kansas in Lawrence, Kansas; or 

(B) be disposed of by the Commission in consultation 
with the Librarian of Congress, and with the express con- 
sent of the Brown Foundation and the Brown v. Board 
of Education National Historic Site. 

(c) Mails. — The Commission may use the United States maUs 
in the same manner and under the seime conditions as other depart- 
ments and agencies of the United States. 

Deadline. SEC. 6. REPORTS. 

(a) Interim Reports. — The Commission shall transmit interim 
reports to the President and the Congress not later than December 
31 of each year. Each such report shall include a description of 
the activities of the Commission during the year covered by the 
report, an accounting of any funds received or expended by the 
Commission during such year, and recommendations for any legisla- 
tion or administrative action which the Commission considers 
appropriate. 

(b) Final Report. — The Commission shall transmit a final 
report to the President and the Congress not later than December 
31, 2004. Such report shall include an accounting of any funds 
received or expended, and the disposition of any other properties, 
not previously reported. 

SEC. 7. TERMINATION. 

(a) Date. — The Commission shall terminate on such date as 
the Commission may determine, but not later than February 1, 
2005. 

(b) Disposition of Funds. — Any funds held by the Commission 
on the date the Commission terminates shall be deposited in the 
general fund of the Treasury. 



PUBLIC LAW 107^1— SEPT. 18, 2001 115 STAT. 229 

SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated $250,000 for the period 
encompassing fiscal years 2003 and 2004 to carry out this Act, 
to remain available until expended. 

Approved September 18, 2001. 



LEGISLATIVE HISTORY— H.R. 2133 (S. 1046): 

CONGRESSIONAL RECORD, Vol. 147 (2001): 

June 27, considered and passed House. 

Aug. 3, considered and passed Senate, amended. 

Sept. 10, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): 

Sept. 19, Presidential statement. 



o 



10 



PUBLIC LAW 107-59— NOV. 5, 2001 



115 STAT. 407 



Public Law 107-59 
107th Congress 



An Act 



Nov. 5, 2001 
[H.R. 146] 



Great Falls 
Historic District 
Study Act of 
2001. 



To authorize the Secretary of the Interior to study the suitabiUty and feasibDity 
of designating the Great Falls Historic District in Paterson, New Jersey, as 
a unit of the National Park System, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Great Falls Historic District 
Study Act of 2001". 

SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING GREAT FALLS 
HISTORIC DISTRICT, PATERSON, NEW JERSEY. 

(a) Definitions. — In this section: 

(1) Great falls historic district.— The term "Great Falls 
Historic District" means the Great Falls Historic District in 
the city of Paterson, New Jersey, estabHshed as an historic 
district by section 510 of the Omnibus Parks and Pubhc Lands 
Management Act of 1996 (Pubhc Law 104-333; 110 Stat. 4158; 
16U.S.C.461note). 

(2) Secretary. — The term "Secretary" means the Secretary 
of the Interior, acting through the Director of the National 
Park Service. 

(b) Study. — As soon as practicable after funds are made avaiil- 
able to carry out this section, the Secretary shall commence a 
study regarding the suitability and feasibility of further recognizing 
the historic and cultural significance of the lands and structures 
of the Great Falls Historic District through the designation of 
the Great Falls Historic District as a vmit of the National Park 
System. 

(c) Study Process and Completion .—Section 8(c) of Public AppKcabiity. 
Law 91-383 (16 U.S.C. la-5(c)) shall apply to the study required 

by this section. 

(d) Submission. — The Secretary shall submit to the Committee Reports. 
on Resources of the House of Representatives and the Committee 

on Energy and Natural Resources of the Senate a report describing 
the results of the study. 

(e) Authorization of Appropriations.— There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 

Approved November 5, 2001. 

LEGISLATIVE HISTORY— H.R. 146: 

HOUSE REPORTS: No. 107-47 (Comm. on Resources). 

SENATE REPORTS: No. 107-74 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 147 (2001): 

May 9, considered and passed House. 

Oct. 17, considered and passed Senate. 

o 



11 



115 STAT. 408 PUBLIC LAW 107-60— NOV. 5, 2001 



Nov. 5, 2001 



Public Law 107-60 
107th Congress 

An Act 

To adjust the boundary of the Wilham Howard Taft National Historic Site in 
the State of Ohio, to authorize an exchange of land in connection with the 



[H.R. 1000] historic site, and for other purposes. 

Bt it enacted by the Senate and House of Representatives of 
William Howard the United States of America in Congress assembled, 
Taft National 
Historic Site SECTION 1. SHORT TITLE. 

Ad^stmentAct This Act may be cited as the "William Howard Taft National 

of 2001. Historic Site Boundary Adjustment Act of 2001". 

16 use 461 note 

SEC. 2. EXCHANGE OF LANDS AND BOUNDARY ADJUSTMENT, WILLIAM 
HOWARD TAFT NATIONAL HISTORIC SITE, OHIO. 

(a) Definitions.— In this section: 

(1) Historic site.— The term "historic site" means the 
William Howard Taft National Historic Site in Cincinnati, Ohio, 
estabhshed pursuant to PubHc Law 91-132 (83 Stat. 273; 16 
U.S.C. 461 note). 

(2) Map. — The term "map" means the map entitled "Pro- 
posed Boundary Map, William Howard Taft National Historic 
Site, Hamilton County, Cincinnati, Ohio," numbered 448/ 
80,025, and dated November 2000. 

(3) Secretary.— The term "Secretary" means the Secretary 
of the Interior, acting through the Director of the National 
Park Service. 

(b) Authorization of Land Exchange.— 

(1) Exchange. — The Secretary may acquire a parcel of 
real property consisting of less than one acre, which is depicted 
on the map as the "Proposed Exchange Parcel (Outside 
Boundary)", in exchange for a parcel of real property, also 
consisting of less than one acre, which is depicted on the 
map as the "Current USA Ownership (Inside Boundary)". 

(2) Equalization of values.— If the values of the parcels 
to be exchanged under paragraph (1) are not equal, the dif- 
ference may be equalized by donation, payment using donated 
or appropriated funds, or the conveyance of additional land. 

(3) ADJUSTMENT OF BOUNDA RY.— The Secretary shall revise 
the boimdary of the historic site to reflect the exchange upon 
its completion. 

(c) Additional Boundary Revision and Acquisition 
Authority.— 

Effective date. (1) INCLUSION OF PARCEL IN BOUNDARY.— Effective on the 

date of the enactment of this Act, the boxindary of the historic 
site is revised to include an additional parcel of real property, 
which is depicted on the map as the "Proposed Acquisition". 



12 



PUBLIC LAW 107-60— NOV. 5, 2001 115 STAT. 409 

(2) Acquisition authority.— The Secretary may acquire 
the parcel referred to in paragraph (1) by donation, purchase 
from willing sellers with donated or appropriated funds, or 
exchange. 

(d) Availability of Map.— The map shall be on file and avail- 
able for public inspection in the appropriate offices of the National 
Park Service. 

(e) Administration of Acquired Lands.— Any lands acquired 
xinder this section shall be administered by the Secretary as part 
of the historic site in accordance with applicable laws and regula- 
tions. 

Approved November 5, 2001. 



LEGISLATIVE HISTORY — H.R. 1000: 

HOUSE REPORTS: No. 107-88 (Comm. on Resources). 

SENATE REPORTS: No. 107-76 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 147 (2001): 

June 6, considered and passed House. 

Oct. 17, considered and passed Senate. 



o 



13 



115 STAT. 410 PUBLIC LAW 107-61— NOV. 5, 2001 



Public Law 107-61 
107th Congress 

An Act 

Nov. 5, 2001 To authorize the Government of the Czech Repubhc to estabhsh a memorial to 



[H R. 1161] honor Tomas G. Masaryk in the District of Columbia. 

Be it enacted by the Senate and House of Representatives of 
40 use 1003 the United States of America in Congress assembled, 

^°^ SECTION 1. AUTHORITY TO ESTABLISH MEMORIAL. 

(a) In General. — The Government of the Czech Republic is 
authorized to estabhsh a memorial to honor Tomas G. Masaryk 
on the Federal land in the District of Columbia. 

(b) Compliance With Staiwards for Commemorative 
Works . — The establishment of the memorial shall be in accordance 
with the Commemorative Works Act (40 U.S.C. 1001 et seq.), except 
that sections 2(c), 6(b), 8(b), and 10(c) of that Act shall not apply 
with respect to the memorial. 

SEC. 2. LIMITATION ON PAYMENT OF EXPENSES. 

The United States Government shall not pay any expense for 
the establishment of the memorial or its maintenance. 

Approved November 5, 2001. 



LEGISLATIVE HISTORY — H.R. 1161: 

HOUSE REPORTS: No. 107-221 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 

Oct. 2, considered and passed House. 

Oct. 17, considered and passed Senate. 

o 



14 



PUBLIC LAW 107-62— NOV. 5, 2001 115 STAT. 411 



Public Law 107-62 
107th Congress 

An Act 



To authorize the Adams Memorial Foundation to estabUsh a commemorative work 
on Federal land in the District of Columbia and its environs to honor former 



Nov 5, 2001 



President John Adams £ind his legacy. [H.R. 1668] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 40USC1003 



note 



SECTION 1. COMMEMORATIVE WORK TO HONOR JOHN ADAMS AND 
HIS LEGACY. 

(a) Findings. — The Congress finds the following: 

(1) Few families have contributed as profoundly to the 
United States as the family that gave the Nation its second 
president, John Adams; its sixth president, John Quincy Adams; 
first ladies Abigail Smith Adams and Louisa Catherine Johnson 
Adams; and succeeding generations of statesmen, diplomats, 
advocates, and authors. 

(2) John Adams (1735-1826), a lawyer, a statesman, and 
a patriot, was the author of the Constitution of the Common- 
wealth of Massachusetts (the oldest written constitution still 
in force), the leader of the Second Continental Congress, a 
driving force for independence, a negotiator of the Treaty of 
Paris (which brought the Revolutionary War to an end), the 
first Vice President, the second President, and an unwavering 
exponent of freedom of conscience and the rule of law. 

(3) Abigail Smith Adams (1744-1818) was one of the most 
remarkable women of her time. Wife of former President John 
Adams and mother of former President John Quincy Adams, 
she was an early advocate for the rights of women and served 
the cause of liberty as a prolific writer, fierce patriot, and 
staunch abolitionist. 

(4) John Quincy Adams (1767-1848), the son of John and 
Abigail Adams, was a distinguished lawyer, legislator, and 
diplomat and a master of 7 languages, who served as Senator, 
Minister to the Netherlands tmder President George Wash- 
ington, Minister to Prussia under the first President Adams, 
Minister to Great Britain under President James Madison, 
chief negotiator of the Treaty of Ghent (which ended the War 
of 1812), Secretary of State under President James Monroe, 
author of the Monroe Doctrine (which declared the Western 
Hemisphere off limits to European imperial expansion), sixth 
President, and the only former President to be elected to the 
House of Representatives, where he was known as "Old Man 
Eloquent" and served with great distinction as a leader in 
the fight against slavery and a champion of unpopular causes. 



15 



115 STAT. 412 PUBLIC LAW 107-62— NOV. 5, 2001 

(5) Louisa Catherine Johnson Adams (1775-1852), the wife 
of former President John Quincy Adams, was an educated, 
accompUshed woman and the only first lady bom outside the 
United States. Like Abigail Adams, she wrote eloquently on 
behalf of the rights of women and in opposition to slavery. 

(6) Charles Francis Adams (1807-1886), the son of John 
Quincy and Louisa Adams, served 6 years in the Massachusetts 
legislature, was a steadfast abolitionist who received the Free 
Soil Party's vice-presidential nomination in 1848, was elected 
to his father's seat in the House of Representatives in 1856, 
and served as ambassador to Great Britain during the Civil 
War, where his efforts were decisive in preventing the British 
Government from recognizing the independence of the Confed- 
eracy. 

(7) Henry Adams (1838-1918), the son of Charles Francis 
Adams, was an eminent writer, scholar, historian, and public 
intellectual, and was the author of many celebrated works, 
including "Democracy", "The Education of Henry Adeims", and 
his 9-volume "History of the United States during the Adminis- 
trations of Jefferson and Madison". 

(8) Both individually and collectively, the members of this 
illustrious family have enriched the Nation through their pro- 
found civic consciousness, abiding belief in the perfectibility 
of the Nation's democracy, and commitment to service and 
sacrifice for the common good. 

(9) Although the Congress has authorized the establish- 
ment of commemorative works on Federal lands in the District 
of Columbia honoring such celebrated former Presidents as 
George Washington, Thomas Jefferson, and Abraham Lincoln, 
the National Capital has no comparable memorial to former 
President John Adams. 

(10) In recognition of the 200th aimiversary of the end 
of the presidency of John Adeims, the time has come to correct 
this oversight so that future generations of Americans will 
know and understand the preeminent historical and lasting 
significance to the Nation of his contributions and those of 
his family. 

(b) Authority to Establish Commemorative Work.— The 
Adams Memorial Foundation may establish a commemorative work 
on Federal land in the District of Columbia and its environs to 
honor former President John Adams, along with his wife Abigail 
Adams and former President John Quincy Adams, and the family's 
legacy of public service. 

(c) Compliance with Standards for Commemorative 
Works. — The establishment of the commemorative work shall be 
in accordance with the Commemorative Works Act (40 U.S.C. 1001, 
et seq.). 

(d) Use of Federal Funds Prohibited.— Federal funds may 
not be used to pay any expense of the estabhshment of the 
commemorative work. The Adams Memorial Foundation shall be 
solely responsible for acceptance of contributions for, and payment 
of the expenses of, the establishment of the commemorative work. 

(e) Deposit of Excess Funds.— If, upon payment of all 
expenses of the establishment of the commemorative work 
(including the maintenance and preservation amount provided for 
in section 8(b) of the Commemorative Works Act (40 U.S.C. 1001, 
et seq.)), or upon expiration of the authority for the commemorative 



16 



PUBLIC LAW 107-62— NOV. 5, 2001 115 STAT. 413 

work under section 10(b) of such Act, there remains a balance 
of funds received for the estabUshment of the commemorative work, 
the Adams Memorial Foundation shall transmit the amount of 
the balance to the Secretary of the Treasury for deposit in the 
accoimt provided for in section 8(b)(1) of such Act. 

SEC. 2. DEFINITIONS. 

For purposes of this Act, the terms "commemorative work" 
and "the District of Columbia and its environs" have the meanings 
given to such terms in section 2 of the Commemorative Works 
Act(40U.S.C. 1002). 

Approved November 5, 2001. 



LEGISLATIVE HISTORY — H.R. 1668: 

SENATE REPORTS: No. 107-77 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 

June 25, considered and passed House. 

Oct. 17, considered and passed Senate. 



o 



17 



115 STAT. 414 



PUBLIC LAW 107-63— NOV. 5, 2001 



Public Law 107-63 
107th Congress 



Nov. 5, 2001 
[H.R. 2217] 



Department of 
the Interior find 
Related Agencies 
Appropriations 
Act, 2002. 



An Act 



Making appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2002, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the Department of the Interior 
and related agencies for the fiscal year ending September 30, 2002, 
and for other purposes, namely: 

TITLE I— DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

management of lands and resources 

For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisi- 
tion of easements and other interests in lands, and performance 
of other functions, including maintenance of facilities, as authorized 
by law, in the management of lands and their resources under 
the jurisdiction of the Bureau of Land Management, including the 
general administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to PubUc Law 96-487 (16 U.S.C. 
3150(a)), $775,632,000, to remain available until expended, of which 
$1,000,000 is for high priority projects which shall be carried out 
by the Youth Conservation Corps, defined in section 250(c)(4)(E) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, for the purposes of such Act; of which $4,000,000 
shall be available for assessment of the mineral potential of public 
lands in Alaska pursuant to section 1010 of Pubhc Law 96-487 
(16 U.S.C. 3150); and of which not to exceed $1,000,000 shall 
be derived fi"om the special receipt account established by the 
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 
4601-6a(i)); and of which $3,000,000 shall be available in fiscal 
year 2002 subject to a match by at least an equal amount by 
the National Fish and Wildlife Foundation, to such Foundation 
for cost-shared projects supporting conservation of Bureau lands 
and such funds shall be advanced to the Foundation as a lump 
sum grant without regard to when expenses are incurred; in addi- 
tion, $32,298,000 for Mining Law Administration program oper- 
ations, including the cost of administering the mining claim fee 
program; to remain available until expended, to be reduced by 
amounts collected by the Bureau and credited to this appropriation 



18 



PUBLIC LAW 107-63— NOV. 5, 2001 115 STAT. 415 

from annual mining claim fees so as to result in a final appropria- 
tion estimated at not more than $775,632,000, and $2,000,000, 
to remain available until expended, from communication site rental 
fees established by the Bureau for the cost of administering commu- 
nication site activities: Provided, That appropriations herein made 
shall not be aveiilable for the destruction of healthy, unadopted, 
wild horses and burros in the care of the Bureau or its contractors: 
Provided further, That of the amount provided, $28,000,000 is for 
the conservation activities defined in section 250(c)(4)(E) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, for the purposes of such Act: Provided further. That 
fiscal year 2001 balances in the Federal Infrastructure Improvement 
account for the Bureau of Land Management shall be transferred 
to and merged with this appropriation, and shall remain available 
until expended. 

WILDLAND FIRE MANAGEMENT 

For necessary expenses for fire preparedness, suppression oper- 
ations, fire science and research, emergency rehabilitation, haz- 
ardous fiiels reduction, and nirgl fire assistance by the Department 
of the Interior, $624,421,000, to remain available until expended, 
of which not to exceed $19,774,000 shall be for the renovation 
or construction of fire facilities: Provided, That such funds are 
also available for repayment of advances to other appropriation 
accounts from which funds were previously transferred for such 
purposes: Provided further, That unobligated balances of amounts 
previously appropriated to the "Fire Protection" and "Emergency 
Department of the Interior Firefighting Fund" may be transferred 
and merged with this appropriation: Provided further. That persons 
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence 
and lodging without cost from funds available from this appropria- 
tion: Provided further. That notwithstanding 42 U.S.C. 1856d, sums 
received by a bureau or office of the Department of the Interior 
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
protection of United States property, may be credited to the appro- 
priation from which funds were expended to provide that protection, 
and are available without fiscal year hmitation: Provided further, 
That using the amounts designated under this title of this Act, 
the Secretary of the Interior may enter into procurement contracts, 
grants, or cooperative agreements, for hazardous fuels reduction 
activities, and for training and monitoring associated with such 
hazardous fuels reduction activities, on Federal land, or on adjacent 
non-Federal land for activities that benefit resources on Federal 
land: Provided further, That the costs of implementing any coopera- 
tive agreement between the Federal government and any non- 
Federal entity may be shared, as mutually agreed on by the affected 
parties: Provided further. That in entering into such grants or 
cooperative agreements, the Secretary may consider the enhance- 
ment of local and small business employment opportunities for 
rural communities, and that in entering into procurement contracts 
under this section on a best value basis, the Secretary may take 
into account the ability of an entity to enhance local and small 
business employment opportunities in rural communities, and that 
the Secretary may award procurement contracts, grants, or coopera- 
tive agreements under this section to entities that include local 
non-profit entities. Youth Conservation Corps or related partner- 
ships, or small or disadvantaged businesses: Provided further, That 



19 



115 STAT. 416 PUBLIC LAW 107-63— NOV. 5, 2001 

funds appropriated under this head may be used to reimburse 
the United States Fish and Wildlife Service and the National 
Marine Fisheries Service for the costs of carrying out their respon- 
sibilities imder the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) to consult and conference, as required by section 
7 of such Act in connection with wildland fire management activi- 
ties. 

For an additional amount to cover necessary expenses for 
burned areas rehabilitation and fire suppression by the Department 
of the Interior, $54,000,000, to remain available iintil expended, 
of which $34,000,000 is for wildfire suppression and $20,000,000 
is for burned areas rehabilitation: Provided, That the Congress 
designates the entire amount as an emergency requirement pursu- 
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
$54,000,000 shall be available only to the extent an official budget 
request, that includes designation of the $54,000,000 as an emer- 
gency requirement as defined in the Balanced Budget and Emer- 
gency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 

CENTRAL HAZARDOUS MATERIALS FUND 

For necessary expenses of the Department of the Interior and 
any of its component offices and bureaus for the remedial action, 
including associated activities, of hazardous waste substances, 
pollutants, or contaminants pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act, as 
amended (42 U.S.C. 9601 et seq.), $9,978,000, to remain available 
until expended: Provided, That notwithstanding 31 U.S.C. 3302, 
sums recovered from or paid by a party in advance of or as 
reimbursement for remedi^ action or response activities conducted 
by the Department pursuant to section 107 or 113(f) of such Act, 
shall be credited to this account to be available until expended 
without further appropriation: Provided further. That such sums 
recovered from or paid by any party are not limited to monetary 
pa)Tnents and may include stocks, bonds or other personal or real 
property, which may be retained, liquidated, or otherwise disposed 
of by the Secretary and which shall be credited to this account. 

CONSTRUCTION 

For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $13,076,000, to remain available until 
expended. 

PAYMENTS IN LIEU OF TAXES 

For expenses necessary to implement the Act of October 20, 
1976, as amended (31 U.S.C. 6901-6907), $210,000,000, of which 
not to exceed $400,000 shall be available for administrative 
expenses and of which $50,000,000 is for the conservation activities 
defined in section 250(c)(4)(E) of the Balanced Budget and Emer- 
gency Deficit Control Act of 1985, as amended, for the purposes 
of such Act: Provided, That no payment shall be made to otherwise 
eligible units of local government if the computed amount of the 
payment is less than $100. 



20 



PUBLIC LAW 107-63— NOV. 5, 2001 115 STAT. 423 

ADMINISTRATIVE PROVISIONS 

Appropriations and funds available to the United States Fish 
and Wildlife Service shall be available for purchase of not to exceed 
74 passenger motor vehicles, of which 69 are for replacement only 
(including 32 for police-type use); repair of damage to public roads 
within and adjacent to reservation areas caused by operations of 
the Service; options for the purchase of land at not to exceed 
$1 for each option; faciUties incident to such public recreational 
uses on conservation areas as are consistent with their primary 
purpose; and the maintenance and improvement of aquaria, 
buildings, and other faciUties under the jurisdiction of the Service 
and to which the United States has title, and which are used 
pursuant to law in connection with management and investigation 
of fish and wildlife resources: Provided, That notwithstanding 44 
U.S.C. 501, the Service may, under cooperative cost sharing and 
partnership arrangements authorized by law, procure printing serv- 
ices from cooperators in connection with jointly produced pubUca- 
tions for which the cooperators share at least one-half tne cost 
of printing either in casn or services and the Service determines 
the cooperator is capable of meeting accepted quaUty standards: 
Provided further. That the Service may accept donated aircraft 
as replacements for existing aircraft: Provided further, That not- 
withstanding any other provision of law, the Secretary of the 
Interior may not spend any of the funds appropriated in this Act 
for the purchase of lands or interests in lands to be used in the 
establishment of any new unit of the National Wildlife Refuge 
System unless the purchase is approved in advance by the House 
and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in Senate Report 105-56. 

National Park Service 

operation of the national park system 

For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National 
Park Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administra- 
tion of the National Park Service, $1,476,977,000, of which 
$10,869,000 for research, planning and interagency coordination 
in support of land acquisition for Everglades restoration shall 
remain available until expended; and of which $72,640,000, to 
remain available until September 30, 2003, is for maintenance 
repair or rehabiUtation projects for constructed assets, operation 
of the National Park Service automated facility management soft- 
wjire system, and comprehensive facility condition assessments; 
and of which $2,000,000 is for the Youth Conservation Corps, 
defined in section 250(c)(4)(E) of the Balanced Budget and Emer- 
gency Deficit Control Act of 1985, as amended, for the purposes 
of such Act, for high priority projects: Provided, That the only 
funds in this account which may be made available to support 
United States Park PoUce are those funds approved for emergency 
law and order incidents pursuant to established National Park 
Service procedures, those funds needed to maintain and repair 
United States Park Police administrative faciUties, and those funds 
necessary to reimburse the United States Park Police account for 
the unbudgeted overtime and travel costs associated with special 



21 



115 STAT. 424 PUBLIC LAW 107-«3— NOV. 5, 2001 

events for an amount not to exceed $10,000 per event subject 
to the review and concurrence of the Washington headquarters 
office: Provided further, That none of the funds in this or any 
other Act may be used to fund a new Associate Director position 
for Partnerships. 

UNITED STATES PARK POLICE 

For expenses necessary to carry out the programs of the United 
States Park PoUce, $65,260,000. 

CONTRIBUTION FOR ANNUITY BENEFITS 

16 use I4e< For reimbursement (not heretofore made), pursuant to provi- 

sions of Public Law 85-157, to the District of Columbia on a 
monthly basis for benefit payments by the District of Columbia 
to United States Park Police annuitants under the provisions of 
the PoUceman and Fireman's Retirement and Disability Act (Act), 
to the extent those payments exceed contributions made by active 
Park PoUce members covered under the Act, such amounts as 
hereafter may be necessary: Provided, That hereafter the appropria- 
tions made to the National Park Service shall not be available 
for this purpose. 

NATIONAL RECREATION AND PRESERVATION 

For expenses necessary to carry out recreation programs, nat- 
ural programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant adminis- 
tration, not otherwise provided for, $66,159,000, of which $500,000 
are for grants pursuant to the National Underground Railroad 
Network to Freedom Act of 1988 (16 U.S.C. 4691, as amended). 

URBAN PARK AND RECREATION FUND 

For expenses necessary to carry out the provisions of the Urban 
Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et 
seq.), $30,000,000, to remain available until expended and to be 
for the conservation activities defined in section 250(c)(4)(E) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, for the purposes of such Act. 

HISTORIC PRESERVATION FUND 

For expenses necessary in carrying out the Historic Preserva- 
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 
Parks and PubUc Leuids Management Act of 1996 (Public Law 
104r-333), $74,500,000, to be derived from the Historic Preservation 
Fund, to remain available until September 30, 2003, and to be 
for the conservation activities defined in section 250(c)(4)(E) of 
the Balanced Budget and Emergency Deficit Control Control Act 
of 1985, as amended, for the purposes of such Act: Provided, That, 
of the amount provided herein, $2,500,000, to remain available 
until expended, is for a gra^t for the perpetual care and mainte- 
nance of National Trust Historic Sites, as authorized under 16 
U.S.C. 470a(e)(2), to be made available in full upon signing of 
a grant agreement: Provided further, That, notwithstanding any 
other provision of law, these funds shall be available for investment 



22 



PUBLIC LAW 107-63— NOV. 5, 2001 115 STAT. 425 

with the proceeds to be used for the same purpose as set out 
herein: Provided further, That of the total amount provided, 
$30,000,000 shall be for Save America's Treasures for priority 
preservation projects, including preservation of intellectual and cul- 
tural artifacts, preservation of historic structures and sites, and 
buildings to house cultural emd historic resources and to provide 
educational opportunities: Provided further, That any individual 
Save America's Treasures grant shall be matched by non-Federal 
funds: Provided further, "fliat individual projects shall only be 
eligible for one grant, emd aU projects to be funded shall be approved 
by the House and Senate Committees on Appropriations prior to 
the commitment of grant funds: Provided further, That Save Amer- 
ica's Treasures fundi allocated for Federal projects shall be available 
by transfer to appropriate accounts of individual agencies, after 
approval of such projects by the Secretary of the Interior: Provided 
further. That none of the funds provided for Save America's Treas- 
ures may be used for administrative expenses, and staffing for 
the program shall be available from the existing staffing levels 
in the National Park Service. 

CONSTRUCTION 

For construction, improvements, repair or replacement of phys- 
ical facilities, including the modifications authorized by section 
104 of the Everglades National Park Protection and Expansion 
Act of 1989, $366,044,000, to remain available until expended, 
of which $66,851,000 is for conservation activities defined in section 
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, for the purposes of such Act: Provided, 
That of the amount provided for Cuyahoga National Park, $200,000 
may be used for the Cuyahoga Valley Scenic Railroad platform 
and station in Canton, Ohio. 

LAND AND WATER CONSERVATION FUND 
(RESCISSION) 

The contract authority provided for fiscal year 2002 by 16 16 USC 460Z-I0a 
U.S.C. 4601-lOa is rescinded. note- 

LAND ACQUISITION AND STATE ASSISTANCE 

For expenses necessary to carry out the Land and Water Con- 
servation Act of 1965, as amended (16 U.S.C. 4601-4 through 11), 
including administrative expenses, and for acquisition of lands or 
waters, or interest therein, in accordance with the statutory 
authority appUcable to the National Park Service, $274,117,000, 
to be derived fi-om the Land and Water Conservation Fund, to 
remain available until expended, and to be for the conservation 
activities defined in section 250(c)(4)(E) of the Balanced Budget 
and Emergency Deficit Control of 1985, as amended, for the pur- 
poses of such Act, of which $144,000,000 is for the State assistance 
progreim including $4,000,000 to administer the State assistance 
program, and of which $11,000,000 shall be for grants, not covering 
more than 50 percent of the total cost of any acquisition to be 
made with such funds, to States and local communities for purposes 
of acquiring lands or interests in lands to preserve and protect 
Civil War battlefield sites identified in the July 1993 Report on 
the Nation's Civil Wzir Battlefields prepared by the Civil War Sites 



23 



115 STAT. 426 PUBLIC LAW 107-63— NOV. 5, 2001 

Advisory Commission: Provided, That lands or interests in land 
acquired with Civil War battlefield grants shall be subject to the 
requirements of paragraph 6(f)(3) of the Land and Water Conserva- 
tion Fund Act of 1965 (16 U.S.C. 4601-8(0(3)): Provided further, 
That of the amounts provided under this heading, $15,000,000 
may be for Federal grants to the State of Florida for the acquisition 
of lands or waters, or interests therein, within the Everglades 
watershed (consisting of lands and waters within the boundaries 
of the South Florida Water Management District, Florida Bay and 
the Florida Keys, including the areas known as the Frog Pond, 
the Rocky Glades and the Eight and One-Half Square MUe Area) 
under terms and conditions deemed necessary by the Secretary 
to improve and restore the hydrological function of the Everglades 
watershed; and $16,000,000 may be for project modifications author- 
ized by section 104 of the Everglades National Park Protection 
and Expansion Act: Provided further. That funds provided under 
this heading for assistance to the State of Florida to acquire lands 
within the Everglades watershed are contingent upon new matching 
non-Federal funds by the State and shall be subject to an agreement 
that the lands to be acquired will be managed in perpetuity for 
the restoration of the Everglades: Provided further, That none of 
the funds provided for the State Assistance program may be used 
to establish a contingency fund. 

ADMINISTRATIVE PROVISIONS 

Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 315 passenger motor vehicles, 
of which 256 shall be for replacement only, including not to exceed 
237 for police-type use, 11 buses, and 8 ambulances: Provided, 
That none of the funds appropriated to the National Park Service 
may be used to process any grant or contract documents which 
Reports. do not include the text of 18 U.S.C. 1913: Provided further, That 

none of the funds appropriated to the National Park Service may 
be used to implement an agreement for the redevelopment of the 
southern end of Ellis Island until such agreement has been sub- 
mitted to the Congress and shall not be implemented prior to 
the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment 
of more than 3 calendar days to a day certain) from the receipt 
by the Speaker of the House of Representatives and the President 
of the Senate of a full and comprehensive report on the development 
of the southern end of Ellis Island, including the facts and cir- 
cumstances relied upon in support of the propose d project. 

None of the funds in this Act may be spent by the National 
Park Service for activities taken in direct response to the United 
Nations Biodiversity Convention. 

The National Park Service may distribute to operating imits 
based on the safety record of each unit the costs of programs 
designed to improve workplace and employee safety, and to encour- 
age employees receiving workers' compensation benefits pursuant 
to chapter 81 of title 5, United States Code, to return to appropriate 
positions for which they are medically able. 

Notwithstanding any other provision of law, the National Park 
Service may convey a leasehold or freehold interest in Cuyahoga 
NP to allow for the development of utilities and parking needed 
to support the historic Everett Church in the village of Everett, 
Ohio. 



24 



PUBLIC LAW 107-63— NOV. 5, 2001 115 STAT. 433 

available to the Bureau shall be used to support expanded grades 
for any school or dormitory beyond the grade structure in place 
or approved by the Secretary of the Interior at each school in 
the Bvireau school system as of October 1, 1995. Funds made 
available under this Act may not be used to establish a charter 
school at a Bureau-funded school (as that term is defined in section 
1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), 
except that a charter school that is in existence on the date of 
the enactment of this Act and that has operated at a Bureau- 
funded school before September 1, 1999, may continue to operate 
during that period, but only if the charter school pays to the 
Bureau a pro rata share of funds to reimburse the Bureau for 
the use of the real and personal property (includiog buses and 
vans), the funds of the charter school are kept separate and apart 
from Bureau funds, and the Bureau does not assume any obligation 
for charter school programs of the State in which the school is 
located if the charter school loses such funding. Employees of 
Bureau-funded schools sharing a campus with a charter school 
and performing functions related to the charter school's operation 
and employees of a charter school shall not be treated as Federal 
employees for purposes of chapter 171 of title 28, United States 
Code (commonly known as the "Federal Tort Claims Act"). 

Departmental Offices 

Insular Affairs 

assistance to territories 

For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $78,950,000, of which: 
(1) $74,422,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and 
brown tree snake control and research; grants to the judiciary 
in American Samoa for compensation and expenses, as authorized 
by law (48 U.S.C. 1661(c)); grants to the Government of American 
Samoa, in addition to current local revenues, for construction and 
support of governmental functions; grants to the Government of 
the Virgin Islands as authorized by law; grants to the Government 
of Guam, as authorized by law; and grants to the Government 
of the Northern Mariana Islands as authorized by law (Public 
Law 94-241; 90 Stat. 272); and (2) $4,528,000 shall be avaUable 
for salaries and expenses of the Office of Insular Affairs: Provided, 
That all financial transactions of the territorial and local govern- 48 use 1469b. 
ments herein provided for, including such transactions of all agen- 
cies or instrumentaUties estabUshed or used by such governments, 
may be audited by the General Accounting Office, at its discretion, 
in accordance with chapter 35 of title 31, United States Code: 
Provided further, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the Agreement 
of the Special Representatives on Future United States Financial 
Assistance for the Northern Mariana Islands approved by Public 
Law 104-134: Provided further, That of the funds provided herein 
for American Samoa government operations, the Secretary is 
directed to use up to $20,000 to increase compensation of the 
American Samoa High Court Justices: Provided further, That of 
the amounts provided for technical assistance, not to exceed 



25 



115 STAT. 434 



PUBLIC LAW 107-63— NOV. 5, 2001 



Grants. 
Close Up 
Foundaticn. 



$2,000,000 shall be made available for transfer to the Disaster 
Assistance Direct Loan Financing Account of the Federal Emergency 
Management Agency for the purpose of covering the cost of forgiving 
the repayment obhgation of the Government of the Virgin Islands 
on Community Disaster Loan 841, as required by section 504 of 
the Congressional Budget Act of 1974, as amended (2 U.S.C. 66Ic): 
Provided further, That of the amounts provided for technical assist- 
ance, sufficient funding shall be made available for a grant to 
the Close Up Foundation: Provided further. That the funds for 
the program of operations and maintenance improvement are appro- 
priated to institutionalize routine operations and maintenance 
improvement of capital infrastructure (with territorial participation 
and cost sharing to be determined by the Secretary based on the 
grantees commitment to timely maintenance of its capital assets): 
Provided further, That any appropriation for disaster assistance 
under this heading in this Act or previous appropriations Acts 
may be used as non-Federal matching funds for the pvu-pose of 
hazard mitigation grants provided pursuant to section 404 of the 
Robert T. Stafford Disaster Rehef and Emergency Assistance Act 
(42 U.S.C. 5170c). 



COMPACT OF FREE ASSOCIATION 

For economic assistance and necessary expenses for the Fed- 
erated States of Micronesia and the RepubUc of the Marshall Islands 
as provided for in sections 122, 221, 223, 232, and 233 of the 
Compact of Free Association, and for economic assistance and nec- 
essary expenses for the RepubUc of Palau as provided for in sections 
122, 221, 223, 232, and 233 of the Compact of Free Association, 
$23,245,000, to remain available imtil expended, as authorized by 
PubUc Law 99-239 and Pubhc Law 99-658. 

Departmental Management 

SALARIES and EXPENSES 

For necessary expenses for management of the Department 
of the Interior, $67,741,000, of which not to exceed $8,500 may 
be for official reception and representation expenses, and of which 
up to $1,000,000 shall be available for workers compensation pay- 
ments and unemployment compensation pajrments associated with 
the orderly closure of the United States Bureau of Mines. 

Office of the Soucitor 

salaries and expenses 

For necessary expenses of the Office of the Solicitor, 
$45,000,000. 

Office of Inspector General 

salaries and expenses 

For necessary expenses of the Office of Inspector General, 
$34,302,000, of which $3,812,000 shall be for procurement by con- 
tract of independent auditing services to audit the consolidated 
Department of the Interior annual financial statement and the 



26 



115 STAT. 436 PUBLIC LAW 107-63— NOV. 5, 2001 

ADMINISTRATIVE PROVISIONS 

There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That notwithstanding any other provision of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value 
used to offset the purchase price for the replacement aircraft: Pro- 
vided further, That no programs funded with appropriated funds 
in the 'Departmental Management", "Office of the Solicitor", and 
"Office of Inspector General" may be augmented through the 
Working Capital Fund or the Consolidated Working Fund. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 

Sec. 101. Appropriations made in this title shall be available 
for expenditure or transfer (within each bureau or office), with 
the approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other facili- 
ties or equipment damaged or destroyea by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made avail- 
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further. That all funds used pursuant 
to this section are hereby designated by Congress to be "emergency 
requirements" pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, and must be 
replenished by a supplemental appropriation which must be 
requested as promptly as possible. 

Sec. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropnation in this title, in addition 
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland 
fires on or threatening lands under the jurisdiction of the Depart- 
ment of the Interior; for the emergency rehabiUtation of burned- 
over lands under its jurisdiction; for emergency actions related 
to potential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage assess- 
ment activities related to actual oil spills; for the prevention, 
suppression, and control of actual or potential grasshopper and 
Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects 
under section 410 of Public Law 95-87; and shedl transfer, from 
any no year funds available to the Office of Surface Mining Reclama- 
tion and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State 
is not carrying out the regulatory provisions of the Surface Mining 
Act: Provided, That appropriations made in this title for wildland 
fire operations shall be available for the pajonent of obligations 
incurred during the preceding fiscal year, and for reimbursement 
to other Federal agencies for destruction of vehicles, aircraft, or 
other equipment in connection with their use for wildland fire 
operations, such reimbursement to be credited to appropriations 
currently available at the time of receipt thereof: Provided further. 
That for wildland fire operations, no funds shall be made available 



27 



PUBLIC LAW 107-63— NOV. 5, 2001 115 STAT. 437 

under this authority until the Secretary determines that funds 
appropriated for "wildland fire operations" shall be exhausted 
within 30 days: Provided further. That all funds used pursuant 
to this section are hereby designated by Congress to be "emergency 
requirements" pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, and must be 
replenished by a supplemental appropriation which must be 
requested as promptly as possible: Provided further. That such 
replenishment funds shall be used to reimburse, on a pro rata 
basis, accounts from which emergency funds were transferred. 

Sec. 103. Appropriations made in this title shall be available 
for operation of warehouses, garages, shops, and similar facilities, 
wherever consoUdation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized 
by sections 1535 and 1536 of title 31, United States Code: Provided, 
That reimbursements for costs and suppUes, materials, equipment, 
and for services rendered may be credited to the appropriation 
current at the time such reimbursements are received. 

Sec. 104. Appropriations made to the Department of the 
Interior in this title shall be available for services as authorized 
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 
not to exceed $500,000; hire, maintenance, and operation of aircraft; 
hire of passenger motor vehicles; purchase of reprints; pa)Tnent 
for telephone service in private residences in the field, when author- 
ized under regulations approved by the Secretary; and the pa5rment 
of dues, when authorized by the Secretary, for library membership 
in societies or associations which issue pubUcations to members 
only or at a price to members lower than to subscribers who 
are not members. 

Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available for uniforms 
or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 
and D.C. Code 4-204). 

Sec. 106. Annual appropriations made in this title shall be 
available for obUgation in connection with contracts issued for serv- 
ices or rentals for periods not in excess of 12 months beginning 
at any time during the fiscal year. 

Sec. 107. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore 
preleasing, leasing and related activities placed under restriction 
in the President's moratorium statement of June 12, 1998, in the 
areas of northern, central, and southern CaUfornia; the North 
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico 
south of 26 degrees north latitude and east of 86 degrees west 
longitude. 

Sec. 108. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore oU 
and natural gas preleasing, leasing, and related activities, on lands 
within the North Aleutian Basin planning area. 

Sec. 109. No funds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and natural 
gas preleasing, leasing and related activities in the eastern Gulf 
of Mexico planning area for any lands located outside Sale 181, 
as identified in the final Outer Continental Shelf 5-Year Oil and 
Gas Leasing Program, 1997-2002. 



28 



115 STAT. 438 PUBLIC LAW 107-63— NOV. 5, 2001 

Sec. 110. No funds provided in this title may be expended 
by the Department of the Interior to conduct oil and natural gas 
preleasing, leasing and related activities in the Mid-Atlantic and 
South Atkmtic planning areas. 

Sec. 111. Advance payments made under this title to Indian 
tribes, tribal organizations, and tribal consortia pxu-suant to the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450 et seq.) or the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal 
organization, or consortium before such funds are expended for 
the purposes of the grant, compact, or annual funding agreement 
so long as such funds are — 

(1) invested by the Indian tribe, tribal organization, or 
consortivun only in obligations of the United States, or in obliga- 
tions or securities that are guaranteed or insured by the United 
States, or mutual (or other) funds registered with the Securities 
£ind Exchange Commission and which only invest in obligations 
of the United States or securities that are guaranteed or insured 
by the United States; or 

(2) deposited only into accounts that are insured by an 
agency or instrumentality of the United States, or are fully 
collateralized to ensure protection of the funds, even in the 
event of a bank failure. 

Sec. 112. Notwithstanding any other provisions of law, the 
National Park Service shall not develop or implement a reduced 
entrance fee program to accommodate non-local travel through a 
unit. The Secretary may provide for and regulate local non-rec- 
reational passage through units of the National Park System, 
allowing each unit to develop guideUnes and permits for such 
activity appropriate to that unit. 

Sec. 113. Appropriations made in this Act under the headings 
Bureau of Indian Affairs and Office of Special Trustee for American 
Indians and any available unobligated balances from prior appro- 
priations Acts made under the same headings, shall be avaUable 
for expenditure or transfer for Indian trust management activities 
pursuant to the Trust Management Improvement Project High Level 
Implementation Plan. 

Sec. 114. A grazing permit or lease that expires (or is trans- 
ferred) during fiscal year 2002 shall be renewed under section 
402 of the Federal Land Policy and Management Act of 1976, 
as amended (43 U.S.C. 1752) or if applicable, section 510 of the 
CaUfornia Desert Protection Act (16 U.S.C. 410aaa-50). The terms 
and conditions contained in the expiring permit or lease shall 
continue in effect under the new permit or lease until such time 
as the Secretary of the Interior completes processing of such permit 
or lease in comphance with all applicable laws and regulations, 
at which time such permit or lease may be canceled, suspended 
or modified, in whole or in part, to meet the requirements of 
such applicable laws and regulations. Nothing in this section shall 
be deemed to alter the Secretary's statutory authority: Provided, 
That any Federal lands included within the boundary of Lake 
Roosevelt National Recreation Area, as designated by the Secretary 
of the Interior on April 5, 1990, (Lake Roosevelt Cooperative 
Management Agreement) that were utilized as of March 31, 1997, 
for grazing purposes pursuant to a permit issued by the National 
Park Service, the person or persons so utUizing such lands as 
of March 31, 1997, shall be entitled to renew said permit under 



29 



PUBLIC LAW 107-63— NOV. 5, 2001 115 STAT. 439 

such terms and conditions as the Secretary may prescribe, for 
the lifetime of the permittee or 20 years, whichever is less. 

Sec. 115. Notwithstanding any other provision of law, for the 

Eurpose of reducing the backlog of Indian probate cases in the 
lepartment of the Interior, the hearing requirements of chapter 
10 of title 25, United States Code, are deemed satisfied by a pro- 
ceeding conducted by an Indian probate judge, appointed by the 
Secretary without regard to the provisions of title 5, United States 
Code, governing the appointments in the competitive service, for 
such period of time as the Secretary determines necessary: Provided, 
That the basic pay of an Indian probate judge so appointed may 
be fixed by the Secretary without regard to the provisions of chapter 
51, and subchapter III of chapter 53 of title 5, United States 
Code, governing the classification and pay of General Schedule 
employees, except that no such Indian probate judge may be paid 
at a level which exceeds the maximum rate payable for the highest 
grade of the General Schedule, including locality pay. 

Sec. 116. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any Tribal 
Priority Allocation funds, including tribal base funds, to edleviate 
tribal fiinding inequities by transferring funds to address identified, 
unmet needs, dual enrollment, overlapping service areas or inac- 
curate distribution methodologies. No tnbe shall receive a reduction 
in Tribal Priority Allocation funds of more than 10 percent in 
fiscal year 2002. Under circumstances of dual enrollment, overlap- 
ping service areas or inaccurate distribution methodologies, the 
10 percent Umitation does not apply. 

Sec. 117. None of the funds in this Act may be used to establish 
a new National WildUfe Refuge in the Kankakee River basin that 
is inconsistent with the United States Army Corps of Engineers' 
efforts to control flooding and siltation in that area. Written certifi- 
cation of consistency shall be submitted to the House and Senate 
Committees on Appropriations prior to refuge establishment. 

Sec. 118. Funds appropriated for the Bureau of Indian Affairs 
for postsecondary schools for fiscal year 2002 shall be allocated 
among the schools proportionate to the unmet need of the schools 
as determined by the Postsecondary Funding Formula adopted by 
the Office of Indian Education Programs. 

Sec. 119. (a) The Secretary of the Interior shall take such 
action as may be necessary to ensure that the lands comprising 
the Huron Cemetery in Kansas City, Kansas (as described in section 
123 of PubUc Law 106-291) are used only in accordance with 
this section. 

(b) The lands of the Huron Cemetery shall be used only: (1) 
for religious and cultural uses that are compatible with the use 
of the lands as a cemetery; and (2) as a burial ground. 

Sec. 120. No funds appropriated for the Department of the 
Interior by this Act or any other Act shall be used to study or 
implement any plan to drain Lake Powell or to reduce the water 
level of the lake below the range of water levels required for 
the operation of the Glen Canyon Dam. 

Sec. 121. Notwithstanding any other provision of law, in con- 
veying the Twin Cities Research Center under the authority pro- 
vided by Public Law 104-134, as amended by Public Law 104- 
208, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and 
use any such reimbursement until expended and without further 



30 



115 STAT. 440 PUBLIC LAW 107-63— NOV. 5, 2001 

appropriation: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all activities 
authorized by Pubhc Law 100-696; 16 U.S.C. 460zz. 

Sec. 122. Section 412(b) of the National Parks Omnibus 
Management Act of 1998, as amended (16 U.S.C. 5961) is amended 
by striking "2001" and inserting "2002". 

Sec. 123. Notwithstanding other provisions of law, the National 
Park Service may authorize, through cooperative agreement, the 
Golden Gate National Parks Association to provide fee-based edu- 
cation, interpretive and visitor service functions within the Crissy 
Field and Fort Point areas of the Presidio. 

Sec. 124. Notwithstanding 31 U.S.C. 3302(b), sums received 
by the Bureau of Land Management for the sale of seeds or seed- 
lings including those collected in fiscal year 2001, may be credited 
to the appropriation from which funds were expended to acquire 
or grow the seeds or seedlings and are available without fiscal 
year Umitation. 

Sec. 125. Tribal School Construction Demonstration Pro- 
gram, (a) Definitions. — In this section: 

(1) Construction. — The term "construction", with respect 
to a tribally controlled school, includes the construction or 
renovation of that school. 

(2) Indian tribe. — The term "Indian tribe" has the meaning 
given that term in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)). 

(3) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

(4) Tribally controlled school .—The term "tribally con- 
trolled school" has the meaning given that term in section 
5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
2511). 

(5) Department.— The term 'T)epartment" means the 
Department of the Interior. 

(6) Demonstration program.— The term "demonstration 
program" means the Tribal School Construction Demonstration 
Program. 

(b) In General. — The Secretary shall carry out a demonstration 
program to provide grants to Indian tribes for the construction 
of tribally controlled schools. 

(1) In general. — Subject to the availabiUty of appropria- 
tions, in carrying out the demonstration program under sub- 
section (b), the Secretary shall award a grant to each Indian 
tribe that submits an application that is approved by the Sec- 
retary under paragraph (2). The Secretary shall ensure that 
an eligible Indian tribe currently on the Department's priority 
hst for construction of replacement educational facilities 
receives the highest priority for a grant under this section. 

(2) Grant applications. — An application for a grant under 
the section shall — 

(A) include a proposal for the construction of a tribally 
controlled school of the Indian tribe that submits the 
application; and 

(B) be in such form as the Secretary determines appro- 
priate. 

(3) Grant agreement. — As a condition to receiving a grant 
under this section, the Indian tribe shall enter into an agree- 
ment with the Secretary that specifies — 



31 



115 STAT. 442 



PUBLIC LAW 107-63— NOV. 5, 2001 



National Wildlife 

Refoge. 

South Carolina. 

16 use 668dd 

note. 

Deadline. 

16 use 410hh-2 

note. 



114 Stat 2922. 



(1) the regulatory requirements of the State of Utah, the 
Mine Safety and Health Administration, and the Occupational 
Safety and Health Administration; and 

(2) other applicable law. 

Sec. 127. The Secretary of the Interior may use or contract 
for the use of heUcopters or motor vehicles on the Sheldon and 
Hart National Wildhfe Refuges for the purpose of capturing and 
treinsporting horses and burros. The provisions of subsection (a) 
of the Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a)) 
shall not be apphcable to such use. Such use shall be in accordance 
with humane procedures prescribed by the Secretary. 

Sec. 128. The L3rtton Rancheria of California shall not conduct 
Class III gaming as defined in PubUc Law 100-497 on land taken 
into trust for the tribe pursuant to PubUc Law 106-568 except 
in compliance with all required compact provisions of section 2710(d) 
of Public Law 100-497 or any relevant Class III gaming procedures. 

Sec. 129. Moore's Landing at the Cape Romain National Wild- 
life Refuge in South Carolina is hereby named for George Garris 
and shall hereafter be referred to in any law, document, or records 
of the United States as "Garris Landing". 

Sec. 130. From within funds available to the National Park 
Service, such sums as may be necessary shall be used for expenses 
necessary to complete and issue, no later than January 1, 2004, 
an Environmental Impact Statement (ElS) to identify and analyze 
the possible effects of the 1996 increases in the number of vessel 
entries issued for Glacier Bay National Park and Preserve: Pro- 
vided, That such EIS, upon its completion, shall be used by the 
Secretary to set the maximum level of vessel entries: Provided 
further, That until the Secretary sets the level of vessel entries 
based on the new EIS, the number of vessel entries into the Park 
shall be the same as that in effect during the 2000 calendar year 
and the National Park Service approval of modified Alternative 
5 and promulgation of the final rule issued on May 30, 1996, 
relating to vessel entries, including the number of such entries, 
for Glacier Bay National Park and Preserve are hereby approved 
and shall be in effect notwithstanding any other provision of law 
until the Secretary sets the maximum level of vessel entries con- 
sistent with this section: Provided further, That nothing in this 
section shall preclude the Secretary from suspending or revoking 
any vessel entry if the Secretary determines that it is necessary 
to protect Park resources. 

Sec. 131. No funds contained in this Act shall be used to 
approve the transfer of lands on South Fox Island, Michigan untQ 
Congress has authorized such transfer. 

Sec. 132. Funds provided in this Act for Federal land acquisi- 
tion by the National Park Service for Brandywine Battlefield, Mis- 
sissippi National River and Recreation Area, Shenandoah Valley 
Battlefields National Historic District, and Ice Age National Scenic 
Trail may be used for a grant to a State, a local government, 
or any other governmental land management entity for the acquisi- 
tion of lands without regard to any restriction on the use of Federal 
land acquisition funds provided through the Land and Water Con- 
servation Fund Act of 1965 as amended. 

Sec. 133. Section 902(b)(5) of PubUc Law 106-568 is hereby 
amended by inserting a comma after "NV2". 

Sec. 134. Clarification of the Secretary of the Interior's 
Authority Under Sections 2701-2721 of Title 25, United 



32 



PUBLIC LAW 107-63— NOV. 5, 2001 115 STAT. 443 

States Code. The authority to determine whether a specific area 
of land is a "reservation" for purposes of sections 2701-2721 of 
title 25, United States Code, was delegated to the Secretary of 
the Interior on October 17, 1988: Provided, That nothing in this 
section shall be construed to permit gaming under the Indian 
Gaming Regulatory Act on the lands described in section 123 of 
Public Law 106-291 or any lands contiguous to such lands that 
have not been taken into trust by the Secretary of the Interior. 

Sec. 135. Black Rock Desert-High Rock Canyon Emigrant i6 use 1132 
Trails National Conservation Area, (a) Areas Include d.— The note 
Black Rock Desert-High Rock Canyon Emigrant Trails National 
Conservation Area Act of 2000 is amended in sections 4(b) (16 
U.S.C. 460ppp-2(b)) and 8(a) (16 U.S.C. 460ppp-6(a)) by striking 
"July 19, 2000" each place it appears and inserting "October 3, 
2001". 

(b) Road Maintenance.— Section 5 of the Black Rock Desert- 
High Rock Canyon Emigrant Trails National Conservation Area 
Act of 2000 (16 U.S.C. 460ppp-3) is amended by adding at the 
end the following: 

"(h) Road Maintenance. — Within the conservation area the 
Secretary may permit the use of gravel pits for the maintenance 
of roads within the conservation area under the Materials Act 
of 1947 (30 U.S.C. 601 et seq.) to the extent consistent with this 
Act and subject to such regulations, policies, and practices as the 
Secretary considers necessary.". 

(c) Hunting, Trapping, and FismNG.- Section 8 of the Black 
Rock Desert-High Rock Canyon Emigrant Trails National Conserva- 
tion Area Act of 2000 (16 U.S.C. 460ppp-6) is amended by adding 
at the end the following: 

"(e) Hunting, Trapping, and Fishing.— 

"(1) In general. — Nothing in this Act diminishes the juris- 
diction of the State of Nevada with respect to fish and wildlife 
management, including regulation of hunting and fishing on 
public land in the areas designated as wilderness under sub- 
section (a). 

"(2) Applicable law. — ^Any action in the areas designated 
as wilderness under subsection (a) shall be consistent with 
the Wilderness Act (16 U.S.C. 1131 et seq.).". 

(d) Wildland Fire Protection. — Section 8 of the Black Rock 
Desert-High Rock Canyon Emigrant Trails National Conservation 
Area Act of 2000 (16 U.S.C. 460ppp-6) (as amended by subsection 
(c)) is amended by adding at the end the following: 

"(f) Wildland Fire Protection.— Nothing in this Act or the 
Wilderness Act (16 U.S.C. 1131 et seq.) precludes a Federal, State, 
or local agency from conducting wildland fire management oper- 
ations (including prescribed burns) within the areas designated 
as wilderness under subsection (a), subject to any conditions that 
the Secretary considers appropriate.". 

(e) Wilderness Study Release.— Section 8 of the Black Rock 
Desert-High Rock Canyon Emigrant Trails National Conservation 
Area Act of 2000 (16 U.S.C. 460ppp-6) (as amended by subsection 
(d)) is amended by adding at the end the following: 

"(g) Wilderness Study Release. — Congress — 

"(1) finds that the parcels of land in the wilderness study 
areas referred to in subsection (a) that are not designated 
as wilderness by subsection (a) have been adequately studied 
for wilderness designation under section 603 of the Federal 

* ****** 



33 



115 STAT. 446 PUBLIC LAW 107-63— NOV. 5, 2001 

Report No. 105-163: Provided further. That the costs of imple- 
menting any cooperative agreement between the Federal govern- 
ment and any non-Federal entity may be shared, as mutually 
agreed on by the affected parties: Provided further. That in entering 
into such grants or cooperative agreements, the Secretary may 
consider the enhancement of local and small business employment 
opportunities for rural communities, and that in entering into 
procurement contracts under this section on a best value basis, 
the Secretary may take into account the ability of an entity to 
enhance local and small business employment opportunities in rural 
commxmities, and that the Secretary may award procurement con- 
tracts, grants, or cooperative agreements imder this section to enti- 
ties that include local non-profit entities. Youth Conservation Corps 
or related partnerships with State, local or non-profit youth groups, 
or small or disadvantaged businesses: Provided further, That in 
addition to funds provided for State Fire Assistance programs, 
and subject to all authorities available to the Forest Service under 
the State and Private Forestry Appropriation, up to $15,000,000 
may be used on adjacent non-Federal lands for the purpose of 
protecting commxmities when hazard reduction activities are 
planned on national forest lands that have the potential to place 
such communities at risk: Provided further, That included in 
funding for hazardous fuel reduction is $5,000,000 for implementing 
the Community Forest Restoration Act, Public Law 106—393, title 
VI, and any portion of such funds shall be available for use on 
non-Federal lands in accordance with authorities available to the 
Forest Service under the State and Private Forestry Appropriation: 
Provided further, That: 

(1) In expending the funds provided with respect to this 
Act for hazardous fuels reduction, the Secretary of the Interior 
and the Secretary of Agricultxire may conduct fuel reduction 
treatments on Federal lands using all contracting and hiring 
authorities available to the Secretaries apphcable to hazardous 
fuel reduction activities vmder the wildlemd fire msuiagement 
accounts. Notwithstanding Federal government procurement 
and contracting laws, the Secretaries may conduct fuel reduc- 
tion treatments on Federal lands using grants and cooperative 
agreements. Notwithstanding Federal government procurement 
and contracting laws, in order to provide emplojTnent and 
training opportunities to people in rural communities, the Sec- 
retaries may award contracts, including contracts for moni- 
toring activities, to — 

(A) local private, nonprofit, or cooperative entities; 

(B) Youth Conservation Corps crews or related partner- 
ships, with State, local and non-profit youth groups; 

(C) small or micro-businesses; or 

(D) other entities that will hire or train a significant 
percentage of local people to complete such contracts. The 
authorities described above relating to contracts, grants, 
and cooperative agreements are available until all funds 
provided in this title for hazardous fuels reduction activities 
in the urban wildland interface are obUgated. 

(2)(A) The Secretary of Agriculture may transfer or 
reimburse funds to the United States Fish and Wildlife Service 
of the Department of the Interior, or the National Marine 
Fisheries Service of the Department of Commerce, for the costs 
of carrying out their responsibilities under the Endangered 



34 



115 STAT. 462 PUBLIC LAW 107-63— NOV. 5, 2001 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 

For necessary expenses of repair, restoration and renovation 
of buildings, grounds and facilities owned or occupied by the 
National Gallery of Art, by contract or otherwise, as authorized, 
$14,220,000, to remain available xintil expended: Provided, That 
contracts awarded for environmental systems, protection systems, 
and exterior repair or renovation of buildings of the National Gal- 
lery of Art may be negotiated with selected contractors and awarded 
on the basis of contractor qualifications as well as price. 

John F. Kennedy Center for the Performing Arts 

operations and maintenance 

For necessary expenses for the operation, maintenance and 
security of the John F. Kennedy Center for the Performing Arts, 
$15,000,000. 

CONSTRUCTION 

For necessary expenses for capital repair and restoration of 
the existing features of the bviilding and site of the John F. Kennedy 
Center for the Performing Arts, $19,000,000, to remain available 
until expended. 

WooDROW Wilson International Center for Scholars 

SALARIES AND EXPENSES 

For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 
hire of passenger vehicles and services as authorized by 5 U.S.C. 
3109, $7,796,000. 

National Foundati on on the Arts and the Humanities 

National Endowment for the Arts 

grants and administration 

For necessary expenses to carry out the National Fovmdation 
on the Arts and the Humanities Act of 1965, as amended, 
$98,234,000, shall be available to the National Endowment for 
the Arts for the support of projects and productions in the arts 
through assistance to organizations and individuals pursuant to 
sections 5(c) and 5(g) of the Act, for program support, and for 
administering the functions of the Act, to remain available until 
expended: Provided, That funds previously appropriated to the 
National Endowment for the Arts "Matching Grants" accoimt may 
be tremsferred to and merged with this account. 

National Endowment for the Humanities 

grants and administration 

For necessary expenses to carry out the National Foundation 
on the Arts and the Humanities Act of 1965, as amended, 
$108,382,000, shall be available to the National Endowment for 
the Humanities for support of activities in the humanities, pursuant 



35 



115 STAT. 464 PUBLIC LAW 107-63— NOV. 5, 2001 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 

For necessary expenses as authorized by Public Law 99-190 
(20 U.S.C. 956(a)), as amended, $7,000,000. 

Advisory Council on Historic Preservation 

SALARIES and EXPENSES 

For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $3,400,000: Pro- 
vided, That none of these funds shall be available for compensation 
of level V of the Executive Schedule or higher positions. 

National Capital Planning Commission 

salaries and expenses 

For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $7,253,000: Provided, That all 
appointed members of the Commission will be compensated at 
a rate not to exceed the daily equivalent of the annual rate of 
pay for positions at level IV of the Executive Schedule for each 
day such member is engaged in the actual performance of duties. 

United States Holocaust Memorial Museum 

holocaust memorial museum 

For expenses of the Holocaust Memorial Museum, as authorized 
by PubUc Law 106-292 (36 U.S.C. 2301-2310), $36,028,000, of 
which $1,900,000 for the museum's repair and rehabilitation pro- 
gram and $1,264,000 for the museum's exhibitions program shall 
remain available until expended. 

Presidio Trust 

presidio trust fund 

For necessary expenses to carry out title I of the Omnibus 
Parks and PubUc Lands Management Act of 1996, $23,125,000 
shall be available to the Presidio Trust, to remain available until 
expended. 

TITLE III— GENERAL PROVISIONS 

Contracts. Sec. 301. The expenditure of any appropriation under this 

Public Act for any consulting service through procurement contract, pursu- 

information. ^^^ ^^ 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existing law, or under existing Executive Order issued pursuant 
to existing law. 

Sec. 302. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or distribution 
of Uterature that in any way tends to promote pubUc support 
or opposition to any legislative proposal on which congressional 
action is not complete. 



36 



PUBLIC LAW 107-63— NOV. 5, 2001 115 STAT. 465 

Sec. 303. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 

Sec. 304. None of the funds provided in this Act to any depart- 
ment or agency shall be obligated or expended to provide a personal 
cook, chauffeur, or other personal servants to any officer or 
employee of such department or agency except as otherwise provided 
by law. 

Sec. 305. No eissessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act unless 
advance notice of such assessments and the basis therefor are 
presented to the Committees on Appropriations and are approved 
by such committees. 

Sec. 306. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber fixjm trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National 
Forest System or Bureau of Land Management lands in a manner 
different than such sales were conducted in fiscal year 2001. 

Sec. 307. None of the funds made available by this Act may 
be obligated or expended by the National Park Service to enter 
into or implement a concession contract which permits or requires 
the removal of the underground lunchroom at the Carlsbad Caverns 
National Park. 

Sec. 308. None of the funds made available in this Act may 
be used: (1) to demoUsh the bridge between Jersey City, New 
Jersey, and Ellis Island; or (2) to prevent pedestrian use of such 
bridge, when such pedestrian use is consistent with generally 
accepted safety standards. 

Sec. 309. (a) Limitation of Funds.— None of the funds appro- 
priated or otherwise made available pursuant to this Act shall 
be obUgated or expended to accept or process applications for a 
patent for any mining or mill site claim located under the general 
mining laws. 

(b) Exceptions. — The provisions of subsection (a) shall not 
apply if the Secretary of the Interior determines that, for the 
claim concerned: (1) a patent appUcation was filed with the Sec- 
retary on or before September 30, 1994; and (2) all requirements 
estabUshed under sections 2325 and 2326 of the Revised Statutes 
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 
and 37) for placer claims, and section 2337 of the Revised Statutes 
(30 U.S.C. 42) for mill site claims, as the case may be, were 
fully compUed with by the applicant by that date. 

(c) Report.— On September 30, 2002, the Secretary of the 
Interior shall file with the House and Senate Committees on Appro- 
priations and the Committee on Resources of the House of Rep- 
resentatives and the Committee on Energy and Natural Resources 
of the Senate a report on actions taken by the Department under 
the plan submitted pursuant to section 314(c) of the Department 
of the Interior and Related Agencies Appropriations Act, 1997 
(Public Law 104-208). 

(d) Mineral Examinations.— In order to process patent 
applications in a timely and responsible manner, upon the request 
of a patent applicant, the Secretary of the Interior shall allow 
the applicant to fund a qualified third-party contractor to be selected 



37 



115 STAT. 466 



PUBLIC LAW 107-63— NOV. 5, 2001 



16USC46a-6a 
note 

16USC46Qi-€a 
note. 



16USC46a-6a 
note 



by the Bureau of Land Management to conduct a mineral examina- 
tion of the mining claims or mill sites contained in a patent applica- 
tion as set forth in subsection (b). The Bureau of Land Management 
shall have the sole responsibility to choose and pay the third- 
party contractor in accordance with the standard procedures 
employed by the Bureau of Land Management in the retention 
of third-party contractors. 

Sec. 310. Notwithstanding any other provision of law, amounts 
appropriated to or earmarked in committee reports for the Bureau 
of Indian Affairs and the Indian Health Service by Public Laws 
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 
and 106-291 for payments to tribes and tribal organizations for 
contract support costs associated with self-determination or self- 
governance contracts, grants, compacts, or annual funding agree- 
ments with the Bureau of Indian Affairs or the Indian Health 
Service as funded by such Acts, are the total amounts available 
for fiscal years 1994 through 2001 for such purposes, except that, 
for the Bureau of Indian Affairs, tribes and tribal organizations 
may use their tribal priority allocations for unmet indirect costs 
of ongoing contracts, grants, self-governance compacts or annual 
funding agreements. 

Sec. 311. Notwithstanding any other provision of law, for fiscal 
year 2002 the Secretaries of Agriciilture and the Interior are author- 
ized to limit competition for watershed restoration project contracts 
as part of the "Jobs in the Woods" Program established in Region 
10 of the Forest Service to individuals and entities in historically 
timber-dependent areas in the States of Washington, Oregon, 
northern California and Alaska that have been affected by reduced 
timber harvesting on Federal lands. The Secretaries shall consider 
the benefits to the local economy in evaluating bids and designing 
procurements which create economic opportunities for local contrac- 
tors. 

Sec. 312. (a) Recreational Fee Demonstration Program.— 
Subsection (f) of section 315 of the Department of the Interior 
and Related Agencies Appropriations Act, 1996 (as contained in 
section 101(c) of Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 
4601-6a note), is amended — 

(1) by striking "commence on October 1, 1995, and end 
on September 30, 2002" and inserting "end on September 30, 
2004"; and 

(2) by striking "September 30, 2005" and inserting "Sep- 
tember 30, 2007". 

(b) Expansion of Program.— Subsection (b) of such section 
is amended by striking "no fewer than 10, but as many as 100,". 

(c) Revenue Sharing. — Subsection ((i)(l) of such section is 
amended by inserting "the Secure Rural Schools and Community 
Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 
500 note)," before "and any other provision". 

(d) Discounted Fees.— Subsection (b)(2) of such section is 
amended by inserting after "testing" the following: ", including 
the provision of discounted or free admission or use as the Secretary 
considers appropriate". 

(e) Capital Projects. — Subsection (c)(2) of such section is 
amended by adding at the end the following new subparagraph: 

"(D) None of the funds collected imder this section may be 
used to plan, design, or construct a visitor center or any other 
permanent structure without prior approval of the Committee on 



38 



115 STAT. 470 PUBLIC LAW 107-63— NOV. 5, 2001 

not meet the requirements of the regulatory exemption shall be 
offered as a service contract in accordance with the requirements 
of41U.S.C. 351-358. 
l6USC460/-6a Sec. 325. A project undertaken by the Forest Service under 

note- the Recreation Fee Demonstration Program as authorized by section 

315 of the Department of the Interior and Related Agencies Appro- 
priations Act for Fiscal Yesir 1996, as amended, shall not result 
in — 

(1) displacement of the holder of an authorization to provide 
commercial recreation services on Federal lands. Prior to initi- 
ating any project, the Secretary shall consult with potentially 
affected holders to determine what impacts the project may 
have on the holders. Any modifications to the authorization 
shall be made within the terms and conditions of the authoriza- 
tion and authorities of the impacted agency. 

(2) the return of a commercial recreation service to the 
Secretary for operation when such services have been provided 
in the past by a private sector provider, except when — 

(A) the private sector provider feiils to bid on such 
opportunities; 

(B) the private sector provider terminates its relation- 
ship with the agency; or 

(C) the agency revokes the permit for non-compliance 
with the terms and conditions of the authorization. 

In such cases, the agency may use the Recreation Fee Dem- 
onstration Program to provide for operations until a subsequent 
operator can be found through the offering of a new prospectus. 
Sec. 326. For fiscal years 2002 and 2003, the Secretary of 
Agriculture is authorized to Umit competition for fire and fuel 
treatment and watershed restoration contracts in the Giant Sequoia 
National Monument and the Sequoia National Forest. Preference 
for employment shall be given to dislocated and displaced workers 
in Tulare, Kern and Fresno Counties, California, for work associated 
with the establishment of the Giant Sequoia National Monument. 
16 use 1604 Sec. 327. Revision of Forest Plans. Prior to October 1, 

note. 2002, the Secretary of Agriculture shall not be considered to be 

in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
solely because more than 15 years have passed without revision 
of the plan for a unit of the National Forest System. Nothing 
in this section exempts the Secretary from any other requirement 
of the Forest and Rangeland Renewable Resources Planning Act 
(16 U.S.C. 1600 et seq.) or any other law: Provided, That if the 
Secretary is not acting expeditiously and in good faith, within 
the funding available, to revise a plan for a unit of the National 
Forest System, this section shall be void with respect to such 
plan and a court of proper jurisdiction may order completion of 
the plan on an accelerated basis. 
l6USC565a-i Sec. 328. Until September 30, 2003, the authority of the Sec- 

not*- retary of Agriculture to enter into a cooperative agreement under 

the first section of PubUc Law 94-148 (16 U.S.C. 565a-l) for a 
purpose described in such section includes the authority to use 
that legal instrument when the principal purpose of the resulting 
relationship is to the mutually significant benefit of the Forest 
Service and the other party or parties to the agreement, including 
nonprofit entities. 



39 



PUBLIC LAW 107-63— NOV. 5, 2001 



115 STAT. 471 



16 use 1011 
note 



Sec. 329. (a) Pilot Program Authorizing Conveyance of leuscssod 
Excess Forest Service Structures.— The Secretary of Agri- note 
culture may convey, by sale or exchange, any or all right, title, 
and interest of the United States in and to excess buildings and 
other structures located on National Forest System lands and under 
the jurisdiction of the Forest Service. The conveyance may include 
the land on which the building or other structure is located and 
such other land immediately adjacent to the bxiilding or structure 
as the Secretary considers necessary. 

(b) Limitation. — Conveyances on not more than 10 sites may 
be made under the authority of this section, and the Secretary 
of Agriculture shall obtain the concurrence of the Committee on 
Appropriations of the House of Representatives and the Committee 
on Appropriations of the Senate in advance of each conveyance. 

(c) Use of Proceeds. — The proceeds derived from the sale 
of a building or other structure under this section shall be retained 
by the Secretary of Agriculture and shall be available to the Sec- 
retary, without further appropriation until expended, for mainte- 
nance and rehabilitation activities within the Forest Service Region 
in which the building or structure is located. 

(d) Duration of Authority.— The authority provided by this 
section expires on September 30, 2005. 

Sec. 330. Section 323(a) of the Department of the Interior 
and Related Agencies Appropriations Act, 1999, as included in 
Public Law 105-277, Div. A, section 101(e) is amended by inserting 
"and fiscal years 2002 through 2005," before "to the extent funds 
are otherwise available". 

Sec. 331. No funds provided in this Act may be expended 
to conduct preleasing, leasing and related activities under either 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 
boundaries of a National Monument established pursuant to the 
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 
existed on January 20, 2001, except where such activities are 
allowed under the Presidential proclamation estabUshing such 
monument. 

Sec. 332. Section 347(a) of the Department of the Interior 
and Related Agencies Appropriations Act, 1999, as included in 
Pubhc Law 105-277, is amended by striking "2002" and inserting 
"2004". The authority to enter into stewardship and end result 
contracts provided to the Forest Service in accordance with section 
347 of title III of section 101(e) of division A of PubHc Law 105- 
277 is hereby expanded to authorize the Forest Service to enter 
into an additional 28 contracts subject to the same terms and 
conditions as provided in that section: Provided, That of the addi- 
tional contracts authorized by this section at least 9 shall be allo- 
cated to Region 1 and at least 3 to Region 6. 

Sec. 333. Any regulations or policies promulgated or adopted 
by the Departments of Agricultiire or the Interior regarding recovery 
of costs for processing authorizations to occupy and use Federal 
lands under their control shall adhere to and incorporate the fol- 
lowing principle arising from Office of Management and Budget 
Circular, A-25; no charge should be made for a service when the 
identification of the specific beneficiary is obscure, and the service 
can be considered primarily as benefiting broadly the general public. 

Sec. 334. The Chief of the Forest Service shall issue a special Permits, 
use permit for the Sioux Charlie Cabin within the boundary of 



16 use 2 104 

note 

16 use 2104 

note 



40 



PUBLIC LAW 107-63— NOV. 5, 2001 115 STAT. 473 

This Act may be cited as the "Department of the Interior 
and Related Agencies Appropriations Act, 2002". 

Approved November 5, 2001. 



LEGISLATIVE HISTORY— H.R. 2217: 

HOUSE REPORTS: No. 107-103 (Comm. on Appropriations) and 107-234 

(Comm. of Conference). 
SENATE REPORTS: No. 107-36 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 

June 21, considered and passed House. 

July 11, 12, considered and passed Senate, amended. 

Oct. 17, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 37 (2001): 

Nov. 5, Presidential statement. 



o 



41 



115 STAT. 484 



PUBLIC LAW 107-65— NOV. 6, 2001 



Public Law 107-65 
107th Congress 



Nov. 6, 2001 
[H.R. 182] 



Eightmile River 

Wild and Sceni 

River Study Act 

of 2001. 

16 use 1271 

note 



An Act 



To amend the Wild and Scenic Rivers Act to designate a segment of the Eightmile 
River in the State of Connecticut for study for potential addition to the National 
Wild and Scenic Rivers System, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Eightmile River Wild and Scenic 
River Study Act of 2001". 

SEC. 2. FINDINGS. 

The Congress finds that — 

(1) the Eightmile River in the State of Connecticut pos- 
sesses important resource values, including wildlife, ecological, 
and scenic values, and historic sites and a cultural past impor- 
tant to America's heritage; 

(2) there is strong support among State and local officials, 
area residents, and river users for a cooperative wild and 
scenic river study of the area; and 

(3) there is a longstanding interest among State and local 
officials, area residents, and river users in undertaking a con- 
certed cooperative effort to manage the river in a productive 
and meaningful way. 

SEC. 3. DESIGNATION FOR STUDY. 

Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
1276(a)) is amended by adding at the end the following new para- 
graph: 

"(138) Eightmile River, Connecticut.— The segment from its 
headwaters downstream to its confluence with the Connecticut 
River.". 

SEC. 4. STUDY AND REPORT. 

Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 
1276(b)) is amended by adding at the end the following new para- 
graph: 

"(18) The study of the Eightmile River, Connecticut, named 
in paragraph (138) of subsection (a) shall be completed by the 
Secretary of the Interior and the report thereon submitted to Con- 
gress not later than 3 years after the date of the enactment of 
this paragraph.". 



42 



PUBLIC LAW 107-65— NOV. 6, 2001 115 STAT. 485 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 
be necessary to carry out this Act. 

Approved November 6, 2001. 



LEGISLATIVE HISTORY — H.R. 182: 

HOUSE REPORTS: No. 107-36 (Comm. on Resources). 

SENATE REPORTS: No. 107-75 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 147 (2001): 

May 1, considered and passed House. 

Oct. 17, considered and passed Senate. 



o 



43 



PUBLIC LAW 107-69— NOV. 12, 2001 115 STAT. 593 



Public Law 107-69 
107th Congress 

An Act 

To amend the Reclamation Recreation Management Act of 1992 in order to provide ., .„ ...^ 

for the security of dams, facilities, and resources under the jurisdiction of the — — : 

Bureau of Reclamation. [H.R. 2925] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION. 1. LAW ENFORCEMENT AUTHORITY AT BUREAU OF REC- 43USC373b. 
LAMATION FACILmES. 

(a) Public Safety Regulations.— The Secretary of the Interior 
shall issue regulations necessEuy to maintain law and order and 
protect persons and property within Reclamation projects and on 
Recleimation lands. 

(b) Violations; Criminal Penalties.— Any person who know- 
ingly and willfully violates any regulation issued under subsection 
(a) shall be fined under chapter 227, subchapter C of title 18, 
United States Code, imprisoned for not more than 6 months, or 
both. Any person charged with a violation of a regulation issued 
under subsection (a) may be tried and sentenced by any United 
States magistrate judge designated for that purpose by the court 
by which he was appointed, in the same manner and subject to 
the same conditions and limitations as provided for in section 
3401 of title 18, United States Code. 

(c) Authorization of Law Enforcement Officers. — The Sec- 
retary of the Interior may — 

(1) authorize law enforcement personnel from the Depart- 
ment of the Interior to act as law enforcement officers to 
enforce Federal laws and regulations within a Reclamation 
project or on Reclamation lands; 

(2) authorize law enforcement personnel of any other Fed- 
eral agency that has law enforcement authority (with the excep- 
tion of the Department of Defense) or law enforcement per- 
sonnel of any State or local government, including an Indian 
tribe, when deemed economical and in the pubUc interest, 
through cooperative agreement or contract, to act as law 
enforcement officers to enforce Federal laws and regulations 
within a Reclamation project or on Reclamation lands with 
such enforcement powers as may be so assigned to them by 
the Secretary; 

(3) cooperate with any State or local government, including 
an Indian tribe, in the enforcement of the laws or ordinances 
of that State or local government; and 

(4) provide reimbursement to a State or local government, 
including an Indian tribe, for expenditures incurred in connec- 
tion with activities under paragraph (2). 



44 



115 STAT. 594 PUBLIC LAW 107-69— NOV. 12, 2001 

(d) Powers of Law Enforcement Officers. — ^A law enforce- 
ment officer authorized by the Secretary of the Interior under 
subsection (c) may — 

(1) carry firearms within a Reclamation project or on Rec- 
lamation lands; 

(2) make arrests without warrants for — 

(A) any offense against the United States committed 
in his presence; or 

(B) any felony cognizable under the laws of the United 
States if he has — 

(i) reasonable grounds to believe that the person 
to be arrested has committed or is committing such 
a felony; and 

(ii) such arrest occurs within a Reclamation project 
or on Reclamation lands or the person to be arrested 
is fleeing therefrom to avoid arrest; 

(3) execute within a Reclamation project or on Reclamation 
lands any warrant or other process issued by a court or officer 
of competent jurisdiction for the enforcement of the provisions 
of £my Federal law or regulation issued pursuant to law for 
any offense committed within a Reclamation project or on Rec- 
lamation lands; and 

(4) conduct investigations within a Reclamation project or 
on Reclamation lands of offenses against the United States 
committed within a Reclamation project or on Reclamation 
lands if the Federal law enforcement agency having investiga- 
tive jurisdiction over the offense committed declines to inves- 
tigate the offense. 

(e) Legal Status of State or Local Law Enforcement 
Officers.— 

(1) State or local officers not federal employees.— 
Except as otherwise provided in this section, a law enforcement 
officer of any State or local government, including an Indian 
tribe, authorized to act as a law enforcement officer under 
subsection (c) shall not be deemed to be a Federal employee 
and shall not be subject to the provisions of law relating to 
Federal employment, including those relating to hours of work, 
rates of compensation, employment discrimination, leave, 
unemployment compensation, and Federal benefits. 

(2) Application of federal tort claims act.— For pur- 
poses of chapter 171 of title 28, United States Code (commonly 
known as the Federal Tort Claims Act), a law enforcement 
officer of any State or local government, including an Indian 
tribe, shall, when acting as a law enforcement officer under 
subsection (c) and while under Federal supervision and control, 
and only when carrying out Federal law enforcement respon- 
sibiUties, be considered a Federal employee. 

Applicability. (3) AVAILABILITY OF WORKERS COMPENSATION. — For pur- 

poses of subchapter I of chapter 81 of title 5, United States 
Code, relating to compensation to Federal employees for work 
injuries, a law enforcement officer of any State or local govern- 
ment, including an Indian tribe, shall, when acting as a law 
enforcement ofKcer under subsection (c) and while under Fed- 
eral supervision and control, and only when carrying out Fed- 
eral law enforcement responsibilities, be deemed a civil service 
employee of the United States within the meaning of the term 
employee as defined in section 8101 of title 5, and the provisions 



45 



PUBLIC LAW 107-69— NOV. 12, 2001 115 STAT. 595 

of that subchapter shall apply. Benefits under such subchapter 
shall be reduced by the amount of any entitlement to State 
or local workers compensation benefits arising out of the same 
injury or death. 

(f) Concurrent Jurisdiction. — Nothing in this section shall 
be construed or applied to limit or restrict the investigative jurisdic- 
tion of any Federal law enforcement agency, or to affect any existing 
right of a State or local government, including an Indiein tribe, 
to exercise civil and criminal jurisdiction within a Reclamation 
project or on Reclamation lands. 

(g) Regulations. — Except for the authority provided in section 
2(c)(1), the law enforcement authorities provided for in this section 
may be exercised only pursuemt to regulations issued by the Sec- 
retary of the Interior and approved by the Attorney General. 

SEC. 2. DEFINITIONS. 43 USC 373c. 

In this Act: 

(1) Law enforcement personnel. — The term "law enforce- 
ment personnel" means an employee of a Federal, State, or 
local government agency, including an Indian tribal agency, 
who has successfully completed law enforcement training 
approved by the Secretary and is authorized to carry firearms, 
make arrests, and execute service of process to enforce criminal 
laws of his or her emplojring jurisdiction. 

(2) Reclamation project; reclamation lands.— The 
terms "Reclamation project" and "Reclamation lands" have the 
meaning given such terms in section 2803 of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (16 U.S.C. 
4601-32). 

Approved November 12, 2001. 



legislative history— H.R. 2925: 

congressional record, Vol. 147 (2001): 
Oct. 23, considered and passed House. 
Oct. 30, considered and passed Senate. 

o 



46 



PUBLIC LAW 107-87— DEC. 18, 2001 



115 STAT. 833 



Public Law 107-87 
107th Congress 



An Act 



Making appropriations for the Department of Transportation and related agencies 
for the fiscal year ending September 30, 2002, and for other pin-poses. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the Department of Transportation 
and related agencies for the fiscal year ending September 30, 2002, 
and for other purposes, namely: 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

Salaries and Expenses 

For necessary expenses of the Office of the Secretary, 
$67,778,000, of which not to exceed $1,929,000 shall be available 
for the immediate Office of the Secretary; not to exceed $619,000 
shall be available for the immediate Office of the Deputy Secretary; 
not to exceed $13,355,000 shall be available for the Office of the 
Greneral Counsel; not to exceed $3,058,000 shall be for the Office 
of the Assistant Secretary for Policy; not to exceed $7,421,000 
shall be available for the Office of the Assistant Secretary for 
Aviation and International Affairs; not to exceed $7,728,000 shall 
be available for the Office of the Assistant Secretary for Budget 
and Programs; not to exceed $2,282,000 shall be available for the 
Office of the Assistant Secretary for Government Affairs; not to 
exceed $19,250,000 shall be avadlable for the Office of the Assistant 
Secretary for Administration; not to exceed $1,723,000 shall be 
available for the Office of PubUc Affairs; not to exceed $1,204,000 
shall be available for the Office of the Executive Secretariat; not 
to exceed $507,000 shall be available for the Board of Contract 
Appeals; not to exceed $1,240,000 shall be available for the Office 
of Small and Disadvantaged Business Utilization; not to exceed 
$1,321,000 shall be available for the Office of Intelligence and 
Security; not to exceed $6,141,000 shall be available for the Office 
of the Chief Information Officer: Provided, That not to exceed 
$60,000 shall be for allocation within the Department for official 
reception and representation expenses as the Secretary may deter- 
mine: Provided further, That notwithstanding any other provision 
of law, excluding fees authorized in Public Law 107-71, there 
may be credited to this appropriation up to $2,500,000 in funds 



Dec. 18, 2001 
[H.R. 2299] 



Departmentof 
Transportation 
and Related 
Agendes 
Apprcpriations 
Act, 2002. 



47 



115 STAT. 840 PUBLIC LAW 107-87— DEC. 18, 2001 

Grants-in-Aid for Airports 

(liquidation of co^ftract authorization) 

(limitation on obligations) 

(airport and airway trust fund) 

For liquidation of obligations incurred for grants-in-aid for air- 
port planning and development, and noise compatibility planning 
and programs as authorized under subchapter I of chapter 471 
and subchapter I of chapter 475 of title 49, United States Code, 
and under other law authorizing such obligations; for procurement, 
installation, and commissioning of runway incursion prevention 
devices and systems at airports of such title; for implementation 
of section 203 of Public Law 106-181; and for inspection activities 
and administration of airport safety programs, including those 
related to airport operating certificates under section 44706 of title 
49, United States Code, $1,800,000,000, to be derived from the 
Airport and Airway Trust Fund and to remain available until 
expended: Provided, That none of the funds under this heading 
shall be av£iilable for the planning or execution of programs the 
obligations for which are in excess of $3,300,000,000 in fiscal year 
2002, notwithstanding section 47117(h) of title 49, United States 
Code: Provided further, That notwithstanding any other provision 
of law, not more than $57,050,000 of funds limited under this 
heading shall be obligated for administration and not less than 
$20,000,000 shall be for the Small Community Air Service Develop- 
ment Pilot Program. 

GRANTS-IN-AID FOR AIRPORTS 

(AIRPORT AND AIRWAY TRUST FUND) 

(RESCISSION OF CONTRACT AUTHORIZATION) 

Of the unobligated balances authorized under 49 U.S.C. 48103, 
as amended, $301,720,000 are rescinded. 

Aviation Insurance Revolving Fund 

The Secretary of Transportation is hereby authorized to make 
such expenditures and investments, within the limits of funds avail- 
able pursuant to 49 U.S.C. 44307, and in accordance with section 
104 of the Government Corporation Control Act, as amended (31 
U.S.C. 9104), as may be necessary in canying out the program 
for aviation insurance activities under chapter 443 of title 49, 
United States Code. 

FEDERAL HIGHWAY ADMINISTRATION 

Limitation on Administrative Expenses 

Necessary expenses for administration and operation of the 
Federal Highway Administration, not to exceed $311,000,000, shall 
be paid in accordance with law from appropriations made available 
by this Act to the Federal Highway Administration together with 
advances and reimbursements received by the Federal Highway 
Administration: Provided, That of the funds available under section 



48 



PUBLIC LAW 107-87— DEC. 18, 2001 115 STAT. 841 

104(a)(1)(A) of title 23, United States Code: $7,500,000 shall be 
available for "Child Passenger Protection Education Grants" under 
section 2003(b) of Public Law 105-178, as amended; $4,000,000 
shall be available for motor carrier safety research; $841,000 shall 
be available for the motor carrier crash data improvement program; 
$6,000,000 shall be available for the nationwide differential global 
positioning system program; and $1,500,000 for environmental 
streamlining activities. 

Federal-Aid Highways 
(limitation on obligations) 

(fflGHWAY TRUST FUND) 

None of the funds in this Act shedl be avedlable for the 23USCi04nota 
implementation or execution of programs, the obligations for which 
are in excess of $31,799,104,000 for Federal-aid highways and high- 
way safety construction programs for fiscal year 2002: Provided, 
That within the $31,799,104,000 obhgation hmitation on Federal- 
aid highways and highway safety construction programs, not more 
than $447,500,000 shall be available for the implementation or 
execution of programs for transportation research (sections 502, 
503, 504, 506, 507, and 508 of title 23, United States Code, as 
amended; section 5505 of title 49, United States Code, as amended; 
and sections 5112 and 5204-5209 of Public Law 105-178) for fiscal 
year 2002: Provided further, That this limitation on transportation 
research programs shall not apply to any funds authorized under 
section 110 of title 23, United States Code, and allocated to these 
programs, or to any authority previously made available for obliga- 
tion: Provided further, That within the $225,000,000 obligation 
limitation on Intelligent Transportation Systems, the following 
simis shall be made available for Intelligent Transportation System 
projects that are designed to achieve the goals and purposes set 
forth in section 5203 of the Intelligent Transportation Systems 
Act of 1998 (subtitle C of title V of Public Law 105-178; 112 
Stat. 453; 23 U.S.C. 502 note) in the following specified areas: 

Alameda-Contra Costa, California, $500,000; 

Alaska statewide, $2500,000; 

Alexandria, Virginia, $750,000; 

Arizona statewide EMS, $500,000; 

Army trail road traffic signal coordination project, Illinois, 
$300,000; 

Atlanta smart corridors, Georgia, $1,000,000; 

Austin, Texas, $125,000; 

Automated crash notification, UAB, Alabama, $2,500,000; 

Bay County Area wide traffic signed system, Florida, 
$500,000; 

Beaver County transit mobihty manager, Pennsylvania, 
$800,000; 

Brownsville, Texas, $250,000; 

Carbondale technology transfer center, Pennsylvania, 
$1,000,000; 

Cargo mate logistics and intermodal management, New 
York, $1,250,000; 

Central Ohio, $1,500,000; 

Chattanooga, Tennessee, $2,000,000; 



49 



115 STAT. 842 PUBLIC LAW 107-87— DEC. 18, 2001 

Chinatown intermodal transportation center, California, 
$1,750,000; 

Clark County, Washington, $1,000,000; 

Commercial vehicle information systems and networks, 
New York, $450,000; 

Dayton, Ohio, $1,250,000; 

Detroit, Michigan (airport), $1,500,000; 

Durham, Wake Counties, North CaroHna, $500,000; 

Eastern Kentucky rural highway information, $2,000,000; 

Fargo, North Dakota, $1,000,000; 

Forsyth, Guilford Counties, North Carolina, $1,000,000; 

Genesee County, Michigan, $1,000,000; 

Great Lakes, Michigan, $1,500,000; 

Guidestar, Minnesota, $6,000,000; 

Harrison County, Mississippi, $500,000; 

Hawaii statewide, $1,000,000; 

Hoosier SAFE-T, Indiana, $2,000,000; 

Houma, Louisiana, $1,000,000; 

1-90 connector testbed, New York, $1,000,000; 

Illinois statewide, $2,000,000; 

Inglewood, California, $500,000; 

Integrated transportation management system, Delaware 
statewide, $2,000,000; 

Iowa statewide, $562,000; 

Jackson Metropolitan, Mississippi, $500,000; 

James Madison University, Virginia, $1,500,000; 

Kansas City, Kansas, $500,000; 

Kittitas County workzone traffic safety system, Wash- 
ington, $450,000; 

Lansing, Michigan, $750,000; 

Las Vegas, Nevada, $1,450,000; 

Lexington, Kentucky, $750,000; 

Libertyville traffic management center, Illinois, $760,000; 

Long Island rail road grade crossing deplo)rment. New York, 
$1,000,000; 

Macomb, Michigan (border crossing), $1,000,000; 

Maine statewide (rural), $500,000; 

Maryland statewide, $1,000,000; 

Miami-Dade, Florida, $1,000,000; 

Monterey-Salinas, California, $750,000; 

Montgomery County ECC & TMC, Maryland, $1,000,000; 

Moscow, Idaho, $1,000,000; 

Nebraska statewide, $4,000,000; 

New York statewide information exchange systems. New 
York, $500,000; 

New York, New Jersey, Connecticut (TRANSCOM), 
$2,500,000; 

North Greenbush, New York, $1,000,000; 

Oklahoma statewide, $3,000,000; 

Oxford, Mississippi, $500,000; 

Pennsylvania statewide (turnpike), $5 00,000; 

Philadelphia, Pennsylvania, $1,033,000; 

Philadelphia, Pennsy Ivania (Drexel), $1,500,000; 

Pioneer Valley, Massachusetts, $1,500,000; 

Port of Long Beach, California, $500,000; 

Port of Tacoma trucker congestion notification system, 
Washington, $200,000; 



50 



PUBLIC LAW 107-87— DEC. 18, 2001 115 STAT. 843 

Roadside animal detection test-bed, Montana, $500,000; 

Rochester-Genesse, New York, $800,000; 

Rutland, Vermont, $750,000; 

Sacramento, California, $3,000,000; 

San Diego joint transportation operations center, Cali- 
fornia, $1,500,000; 

San Francisco central control communications, California, 
$250,000; 

Santa Anita, California, $300,000; 

Santa Teresa, New Mexico, $750,000; 

Shreveport, Louisiana, $750,000; 

Silicon Valley transportation management center, Cali- 
fornia, $700,000; 

South Carolina DOT, $3,000,000; 

Southeast Corridor, Colorado, $7,000,000; 

Southern Nevada (bus), $1,100,000; 

Spillway road incident management system, Mississippi, 
$600,000; 

St. Louis, Missouri, $1,000,000; 

Statewide transportation operations center, Kentucky, 
$2,000,000; 

Superior, 1-39 corridor, Wisconsin, $2,500,000; 

Texas statewide, $2,000,000; 

Travel network. South Dakota, $2,325,000; 

University of Arizona ATLAS Center, Arizona, $500,000; 

Utah Statewide, $560,000; 

Vermont statewide (rural), $1,500,000; 

Washington statewide, $4,500,000; 

Washington, D.C. metropoUtan region, $2,000,000; 

Wayne County road information management system, 
Michigan, $1,500,000; 

Wichita, Kansas, $1,200,000; 

Wisconsin communications network, $310,000; 

Wisconsin statewide, $1,000,000; and 

Yakima County adverse weather operations, Washington, 
$475,000: 
Provided further, That, notwithstanding any other provision of law, 
funds authorized under section 110 of title 23, United States Code, 
for fiscal year 2002 shall be apportioned to the States in accordance 
with the distribution set forth in section 110(b)(4)(A) and (B) of 
title 23, United States Code, except that before such apportionments 
are made, $35,565,651 shall be set aside for the program authorized 
under section 1101(a)(8)(A) of the Transportation Equity Act for 
the 21st Century, as amended, and section 204 of title 23, United 
States Code; $31,815,091 shall be set aside for the program author- 
ized vmder section 1101(a)(8)(B) of the Transportation Equity Act 
for the 21st Century, as amended, and section 204 of title 23, 
United States Code; $21,339,391 shall be set aside for the program 
authorized under section 1101(a)(8)(C) of the Transportation Equity 
Act for the 21st Century, as amended, and section 204 of title 
23, United States Code; $2,586,593 shall be set aside for the pro- 
gram authorized under section 1101(a)(8)(D) of the Transportation 
Equity Act for the 21st Century, as amended, and section 204 
of title 23, United States Code; $25,579,000 shall be set aside 
for the program authorized under section 129(c) of title 23, United 
States Code, and section 1064 of the Intermodal Surface Transpor- 
tation Efficiency Act of 1991, as amended; $352,256,000 shall be 



51 



115 STAT. 844 PUBLIC LAW 107-87— DEC. 18, 2001 

set aside for the programs authorized under sections 1118 and 
1119 of the Transportation Equity Act for the 21st Century, as 
amended; $3,348,128 shall be set aside for the program authorized 
under section 1101(a)(ll) of the Transportation Equity Act for the 
21st Century, as amended and section 162 of title 23, United 
States Code; $76,025,000 shall be set aside for the program author- 
ized under section 118(c) of title 23, United States Code; $62,450,000 
shall be set aside for the program authorized under section 144(g) 
of title 23, United States Code; $251,092,600 shall be set aside 
for the program authorized vmder section 1221 of the Transportation 
Equity Act for the 21st Century, as amended; $10,000,000 shall 
be set aside for the program authorized imder section 502(e) of 
title 23, United States Code; $56,300,000 shall be available for 
border infrastructure improvements; $45,122,600 shall be available 
for allocation by the Secretary for public lands highways; and 
$23,896,000 shall be set aside and transferred to the Federal Motor 
Carrier Safety Administration as authorized by section 102 of Pub he 
Law 106-159: Provided further. That, of the funds to be apportioned 
to each State under section 110 for fiscal year 2002, the Secretary 
shall ensure that such funds are apportioned for the programs 
authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 
1101(a)(4), and 1101(a)(5) of the Transportation Equity Act for 
the 21st Century, as amended, in the same ratio that each State 
is apportioned funds for such programs in fiscal year 2002 but 
for this section. 

Federal-Aid Highways 

(liquidation of contract authorization) 

(highway trust fund) 

Notwithstanding any other provision of law, for carrjdng out 
the provisions of title 23, United States Code, that are attributable 
to Federal-aid highways, including the National Scenic and Rec- 
reational Highway as authorized by 23 U.S.C. 148, not otherwise 
provided, including reimbursement for sums expended pursuant 
to the provisions of 23 U.S.C. 308, $30,000,000,000 or so much 
thereof as may be available in and derived from the Highway 
Trust Fund, to remain available until expended. 

Appalach IAN Development Highway System 

For necessary expenses for the Appalachian Development High- 
way System as authorized luider section 1069(y) of Public Law 
102-240, as amended, $200,000,000, to remain available until 
expended. 

State Infrastructure Banks 

(rescission) 

Of the fimds made available for State Infrastructure Banks 
in Public Law 104-205, $5,750,000 are rescinded. 



52 



115 STAT. 874 PUBLIC LAW 107-87— DEC. 18, 2001 

This Act may be cited as the "Department of Transportation 
and Related Agencies Appropriations Act, 2002". 

Approved December 18, 2001. 



LEGISLATIVE HISTORY — H.R. 2299 (S. 1178): 

HOUSE REPORTS: Nos. 107-108 (Comm. on Appropriations) and 107-308 (Comm. 

of Conference). 
SENATE REPORTS: No. 107-38 accompanying S. 1178 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 

June 26, considered and passed House. 

July 19, 20, 23-27, Aug. 1, considered and passed Senate, 

amended. 

Nov. 30, House agreed to conference report. 

Dec. 4, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): 

Dec. 18, Presidential statement. 



o 



53 



PUBLIC LAW 107-96— DEC. 21, 2001 



115 STAT. 923 



Public Law 107-96 
107th Congress 



An Act 



Dec. 21, 2001 
[H.R. 2944] 



District of 
Cdumbia 
Apprqjriations 
Act, 2002. 



Making appropriations for the government of the District of Columbia and other 
activities chargeable in whole or in part against revenues of said District for 
the fiscal year ending September 30, 2002, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasvuy 
not otherwise appropriated, for the District of Columbia for the 
fiscal year ending September 30, 2002, and for other purposes, 
namely: 

FEDERAL FUNDS 

Federal Payment for REsroENT Tuition Support 

For a Federal payment to the District of Columbia, to be 
deposited into a dedicated account, for a nationwide program to 
be administered by the Mayor, for District of Columbia resident 
tuition support, $17,000,000, to remain available until expended: 
Provided, That such funds, including any interest accrued thereon, 
may be used on behalf of eUgible District of Colvunbia residents 
to pay an amount based upon the difference between in-State and 
out-of-State tuition at pubUc institutions of higher education, or 
to pay up to $2,500 each year at eligible private institutions of 
higher education: Provided further. That the awarding of such funds 
may be prioritized on the basis of a resident's academic merit, 
the income and need of eligible students and such other factors 
as may be authorized: Provided further. That the District of 
Columbia government shall establish a dedicated accovmt for the 
Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any imobligated balances from prior fiscal years, 
and any interest earned in this or any fiscal year: Provided further, 
That the accovmt shall be vmder the control of the District of 
Columbia Chief Financial Officer who shall use those funds solely 
for the purposes of carrying out the Resident Tuition Support Pro- 
gram: Provided further. That the Resident Tuition Support Program Reports. 
Office and the Office of the Chief Financial Officer shall provide 
a quarterly financial report to the Committees on Appropriations 
of the Senate and House of Representatives for these funds showing, 
by object class, the expenditures made and the purpose therefor: 
Provided further. That not more than seven percent of the total 
amount appropriated for this program may be used for administra- 
tive expenses. 



54 



PUBLIC LAW 107-96— DEC. 21, 2001 



115 STAT. 925 



Federal Payment to the City Administrator 

For a Federal payment to the City Administrator, $300,000 
for the Criminal Justice Coordinating Council for the District of 
Columbia. 

Federal Payment to Southeastern University 

For a Federal payment to Southeastern University, $500,000 
for a public/private partnership with the District of Columbia Public 
Schools at the McKinley Technology High School campus. 

Federal Payment to the District of Columbia Public Schools 

For a Federal pajonent to the District of Colvmibia Public 
Schools, $2,500,000, of which $2,000,000 shall be to implement 
the Voyager Expanded Learning literacy program in kindergarten 
and first grade classrooms in the District of Columbia Public 
Schools; $250,000 shall be for the Failure Free Reading literacy 
program for non-readers and special education students; and 
$250,000 for Lightspan, Inc. to implement the eduTest.com progreim 
in the District of Columbia Public Schools. 

Federal Payments for District of Columbia and Federal Law 
Enforcement Mobile Wireless Interoperability Project 

For Federal payments in support of the District of Colimibia 
and the Federal law enforcement Mobile Wireless Interoperability 
Project, $1,400,000, of which $400,000 shall be for a payment to 
the District of Columbia Office of the Chief Technology Officer, 
$333,334 shall be for a payment to the United States Secret Service, 
$333,333 shall be for a payment to the United States Capitol 
PoUce, and $333,333 shall be for a payment to the United States 
Park PoUce: Provided, That each agency shall participate in the 
preparation of a joint report to the Committees on Appropriations 
of the Senate and the House of Representatives to be submitted 
no later theui March 30, 2002 on the allocation of these resources 
and a description of each agencies' resource commitment to this 
project for fiscal year 2003. 

Federal Payment for Emergency Planning and Security 
Costs in the District of Columbia 

For a Federal payment to the District of Columbia for emer- 
gency planning and security costs and to reimburse the District 
for certain security expenses related to the presence of the Federal 
Government in the District of Columbia, $16,058,000: Provided, 
That $12,652,000 shall be made available immediately to the Dis- 
trict of Columbia Emergency Management Agency for planning, 
training, and personnel costs required for development and 
implementation of the emergency operations plan for the District 
of Columbia, to be submitted to the appropriate Federal agencies: 
Provided further. That a detailed report of actual and estimated 
expenses incurred shall be provided to the Committees on Appro- 
priations of the Senate and the House of Representatives no later 
than June 15, 2002: Provided further. That $3,406,000 of such 
amount shall be made available immediately for reimbursement 
of fiscal year 2001 expenses incurred by the District of Columbia 



Reports. 



Reports. 
Deadlhe. 



55 



115 STAT. 926 



PUBLIC LAW 107-96— DEC. 21, 2001 



Deadlfae. 



Reports. 



for equipment purchased for providing security for the planned 
meetings in September 2001 of the World Bank and the Inter- 
national Monetary Fund in the District of Columbia: Provided fur- 
ther, That the Mayor and the Chairman of the Council of the 
District of Columbia shall develop, in consultation with the Director 
of the Office of Personnel Management, the United States Secret 
Service, the United States Capitol Police, the United States Park 
Pohce, the Washington MetropoUtan Area Transit Authority, 
regional transportation authorities, the Federal Emergency 
Management Agency, the Governor of the State of Maryland and 
the Governor of the Commonwealth of Virginia, the county execu- 
tives of contiguous counties of the region and the respective State 
and local law enforcement entities in the region, an integrated 
emergency operations plan for the District of Columbia in cases 
of national security events, including terrorist threats, protests, 
or other imanticipated events: Provided further, That such plan 
shall include a response to attacks or threats of attacks using 
biological or chemical agents: Provided further. That the city shall 
submit this plan to the Committees on Appropriations of the Senate 
and the House of Representatives no later than January 2, 2002: 
Provided further, That the Chief Financial Officer of the District 
of Columbia shall provide quarterly reports to the Committees 
on Appropriations on the use of the funds under this heading, 
beginning not later than April 2, 2002. 



Federal Payment to the CmsF Financial Officer of the 
District of Columbia 

For a Federal pajmaent to the Chief Financial Officer of the 
District of Columbia, $8,300,000, of which $2,250,000 shall be for 
pa5anent for a pilot project to demonstrate the "Active Cap" river 
cleanup technology on the Anacostia River; $500,000 shall be for 
payment to the Washington, D.C. Sports and Entertainment 
Commission which, in coordination with the U.S. Soccer Foundation, 
shall use the funds for enviroiunental and infrastructure costs 
at Kenilworth Park in the creation of the Kenilworth Regional 
Sports Complex; $600,000 shall be for pajmaent to the One Economy 
Corporation, a non-profit organization, to increase Internet access 
to low-income homes in the District of Columbia; $500,000 shall 
be for payment to the Langston Project for the 21st Century, a 
community revitalization project to improve physical education and 
training facilities; $1,000,000 shall be for payment to the Green 
Door Program, for capital improvements at a commvmity mental 
health clinic; $500,000 shall be for payment to the Historical Society 
of Washington, for capital improvements to the new City Museum; 
$200,000 for a payment to Teach for America DC, for teacher 
development; $350,000 for payment to the District of Columbia 
Safe Kids Coalition, to promote child passenger safety through 
the Child Occupant Protection Initiative; $50,000 for payment for 
renovations at Eastern Market; $1,000,000 shall be for payment 
to the Excel Institute Adult Education Program to be used by 
the Institute for construction and to acquire construction services 
provided by the General Services Administration on a reimbursable 
basis; $300,000 shall be for payment to the Woodlawn Cemetery 
for restoration of the Cemetery; $250,000 shall be for payment 
to the Real World Schools concerning 21st Century reform models 
for secondary education and the use of technology to support 



56 



PUBLIC LAW 107-96— DEC. 21, 2001 115 STAT. 927 

learning in the District of Columbia; $300,000 shall be for payment 
to a mentoring program and for hotline services; $250,000 shall 
be for payment to a youth development program with a character 
building curriculum; and $250,000 shall be for payment to a basic 
values training program. 

Federal Payment to the District of Columbia Corrections 
Trustee Operations 

For salaries and expenses of the District of Columbia Correc- 
tions Trustee, $30,200,000 for the administration and operation 
of correctional facilities and for the administrative operating costs 
of the Office of the Corrections Trustee, as authorized by section 
11202 of the National Capital RevitaUzation and Self-Govemment 
Improvement Act of 1997 (Public Law 105-33; 111 Stat. 712) of 
which $1,000,000 is to fund an initiative to improve case processing 
in the District of Columbia criminal justice system, $500,000 to 
remain available imtU September 30, 2003 for building renovations 
or space acquisition required to accommodate functions transferred 
from the Lorton Correctional Complex, and $1,500,000 to remain 
available until September 30, 2003, to be transferred to the appro- 
priate agency for the closing of the sewage treatment plant and 
the removal of underground storage tanks at the Lorton Correc- 
tional Complex: Provided, That notwithstanding any other provision 
of law, funds appropriated in this Act for the District of Columbia 
Corrections Trustee shall be apportioned quarterly by the Office 
of Management and Budget and obligated and expended in the 
same manner as funds appropriated for salaries and expenses of 
other Federal agencies. 

Federal Payment to the District of Columbia Courts 

For salaries and expenses for the District of Columbia Courts, 
$112,180,000, to be allocated as follows: for the District of Columbia 
Court of Appeals, $8,003,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District 
of Columbia Superior Court, $66,091,000, of which not to exceed 
$1,500 is for official reception and representation expenses; for 
the District of Columbia Coiirt System, $31,594,000, of which not 
to exceed $1,500 is for official reception and representation 
expenses; and $6,492,000 for capital improvements for District of 
Columbia courthouse faciUties: Provided, That notwithstanding any Contracts, 
other provision of law, all amounts under this heading shall be Reports, 
apportioned quarterly by the Office of Management and Budget 
and obligated and expended in the same manner as funds appro- 
priated for salaries and expenses of other Federal agencies, with 
payroll and financial services to be provided on a contractual basis 
with the General Services Administration (GSA), said services to 
include the preparation of monthly financial reports, copies of which 
shall be submitted directly by GSA to the President and to the 
Committees on Appropriations of the Senate and House of Rep- 
resentatives, the Committee on Governmental Affairs of the Senate, 
and the Committee on Government Reform of the House of Rep- 
resentatives: Provided further , That funds made available for capital 
improvements may remain available until September 30, 2003. 



57 



PUBLIC LAW 107-96— DEC. 21, 2001 115 STAT. 959 

This Act may be cited as the "District of Columbia Appropria- 
tions Act, 2002". 

Approved December 21, 2001. 



LEGISLATIVE HISTORY — H.R. 2944 (S. 1543): 

HOUSE REPORTS: Nos. 107-216 (Comm. on Appropriations) and 107-321 

(Comm. of Conference). 
SENATE REPORTS: No. 107-85 accompanying S. 1543 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 

Sept. 25, considered and passed House. 

Nov. 6, 7, considered and passed Senate, amended. 

Dec. 6, House agreed to conference report. 

Dec. 7, Senate agreed to conference report. 



o 



58 



PUBLIC LAW 107-106— DEC. 28, 2001 



115 STAT. 1009 



Public Law 107-106 
107th Congress 



An Act 



To establish the National Museum of African American History and Culture Plan 
for Action Presidential Commission to develop a plan of action for the establish- 
ment and maintenance of the National Museum of African American History 
and Culture in Washington, D.C., and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "National Museum of African 
American History and Culture Plan for Action Presidential Commis- 
sion Act of 2001". 

SEC. 2. ESTABLISHMENT OF COMMISSION. 

(a) In General. — There is established the National Museum 
of African American History and Culture Plan for Action Presi- 
dential Commission (hereafter in this Act referred to as the 
"Commission"). 

(b) Membership. — The Commission shall consist of not more 
than 23 members appointed as follows: 

(1) The President shall appoint seven voting members. 

(2) The Speaker of the House of Representatives and the 
Senate Majority Leader shall each appoint six voting members. 

(3) In addition to the members appointed under paragraph 
(2), the Speaker of the House of Representatives and the Senate 
Majority Leader shaU each appoint two additional nonvoting 
members. 

(c) Qualifications. — Members of the Commission shall be 
chosen from the following professional groups: 

(1) Professional museum associations, including the 
Association of African American Museums and African Amer- 
ican Museum Cultural Complex, Inc. 

(2) Academic institutions and groups committed to the 
research and study of African American hfe, art, history, and 
culture, including Historically Black Colleges and Universities 
and the Joint Center for Pohtical and Economic Studies. 

SEC. 3, FUNCTIONS OF THE COMMISSION. 

(a) Plan of Action for Establishment and Maintenance 
OF Museum.— 

(1) In general. — The Commission shall submit a report 
to the President and the Congress containing its recommenda- 
tions with respect to a plan of action for the estabhshment 
and maintenance of the National Museum of African American 



Dec. 28, 2001 
[H.R. 3442] 



National 
Museum of 
African American 
History and 
Culture Plan for 
Action 
Presidential 
Commission Act 
of 2001. 



Reports. 



59 



115 STAT. 1010 PUBLIC LAW 107-106— DEC. 28, 2001 

History and Culture in Washington, D.C. (hereafter in this 
Act referred to as the "Museum"). 

(2) National conference. — In developing the rec- 
ommendations, the Commission shall convene a national con- 
ference on the Museum, comprised of individuals committed 
to the advancement of African American Hfe, art, history, and 
culture, not later than 3 months after the date of the enactment 
of this Act. 

(b) FuNDRAisiNG Plan.— The Commission shall develop a fund- 
raising plan for supporting the creation and maintenance of the 
Museum through contributions by the American people, and a sepa- 
rate plan on fundraising by the African American community. 

(c) Report on Issues. — The Commission shall examine and 
submit a report to the President and the Congress on the following 
issues: 

(1) The availabihty and cost of collections to be acquired 
and housed in the Museum. 

(2) The impact of the Museum on regional African American 
museums. 

(3) Possible locations for the Museum on or adjacent to 
the National Mall in Washington, D.C. 

(4) The cost of converting the Smithsonian Institution's 
Arts and Industries Building into a modern museum with req- 
uisite temperature and humidity controls. 

(5) )^ether the Museum should be located withiu the 
Smithsonian Institution. 

(6) The governance and organizational structure from 
which the Museum should operate. 

(d) Legislation to Carry Out Plan of Action.— Based on 
the recommendations contained in the report submitted under sub- 
section (a) and the report submitted under subsection (c), the 
Commission shall submit for consideration to the Committee on 
Transportation and Infrastructure of the House of Representatives, 
the Committee on House Administration of the House of Represent- 
atives, the Committee on Rules and Administration of the Senate, 
and the Committees on Appropriations of the House of Representa- 
tives and Senate a legislative plan of action to create and construct 
the Museum. 

SEC. 4. administrative PROVISIONS. 

(a) Facilities and Support of Secretary of the Interior.— 
The Secretary of the Interior shaU provide the administrative serv- 
ices, facilities, and funds necessary for the performance of the 
Commission's functions. 

(b) Compensation. — Each member of the Commission who is 
not an officer or employee of the Federal Government may receive 
compensation for each day on which the member is engaged in 
the work of the Commission, at a daily rate to be determined 
by the Secretary of the Interior. 

(c) Travel Expenses. — Each member shall receive travel 
expenses, including per diem in lieu of subsistence, in accordance 
with appUcable provisions under subchapter I of chapter 57 of 
title 5, United States Code. 

SEC 5. deadline FOR SUBMISSION OF REPORTS; TERMINATION. 

(a) Deadline. — The Commission shall submit fined versions 
of the reports and plans required under section 3 not later than 
9 months after the date of the enactment of this Act. 



60 



PUBLIC LAW 107-106— DEC. 28, 2001 115 STAT. 1011 

(b) Termination. — The Commission shall terminate not later 
than 30 days after submitting the final versions of reports and 
plans pursuant to subsection (a). 

SEC. 6. AUTHORIZATION OP APPROPRIATIONS. 

There are authorized to be appropriated $3,000,000 for activi- 
ties of the Commission during fiscal year 2002. 

Approved December 28, 2001. 



LEGISLATIVE HISTORY— H.R. 3442: 

CONGRESSIONAL RECORD, Vol. 147 (2001): 
Dec. 11, considered and passed House. 
Dec. 17, considered and passed Senate. 

o 



61 



115 STAT. 1012 



PUBLIC LAW 107-107— DEC. 28, 2001 



PubHc Law 107-107 
107th Congress 



Dec. 28, 2001 
[S. 1438] 



NationalDefense 
Authorization 
Act for Fiscal 
Year 2002. 



An Act 



To authorize appropriations for fiscal year 2002 for military activities of the Depart- 
ment of Defense, for military construction, and for defense activities of the Depart- 
ment of Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "National Defense Authorization 
Act for Fiscal Year 2002". 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(a) Divisions. — ^This Act is organized into three divisions as 
follows: 

(1) Division A — Department of Defense Authorizations. 

(2) Division B — Military Construction Authorizations. 

(3) Division C — Department of Ener^ National Security 
Authorizations and Other Authorizations. 

(b) Table of Contents .—The table of contents for this Act 
is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees defined. 

DIVISION A— DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 

TITLE I— PROCUREMENT 
Subtitle A— Authorization of Appropriations 

Army. 

Navy and Marine Corps. 

Air Force. 

Defense-wide activities. 

Defense Inspector General. 

Chemical Agents and Munitions Destruction, Defense. 

Defense Health Program. 

Subtitle B — ^Army Programs 

Repeal of limitations on bunker defeat munitions program. 

Extension of pilot progrsim on sales of manufactured articles and services 

of certain Army industrial facilities without regard to availability from 

domestic sources. 
Sec. 113. Limitations on acquisition of interim armored vehicles and deployment of 

interim brigade combat teams. 

Subtitle C — Navy Programs 

Sec. 121. Virginia class submarine program. 



Sec. 


101. 


Sec. 


102. 


Sec. 


103. 


Sec. 


104. 


Sec. 


105. 


Sec. 


106. 


Sec. 


107. 


Sec. 


111. 


Sec. 


112. 



* 



62 



PUBLIC LAW 107-107— DEC. 28, 2001 115 STAT. 1021 

Sec. 1048. Technical and clerical amendments. 

Sec. 1049. Termination of referendum requirement regarding continuation of mili- 
tary training on island of Vieques, Puerto Rico, and imposition of addi- 
tional conditions on closure of live-fire training range. 

Subtitle F— Other Matters 

Sec. 1061. Assistance for firefighters. 

Sec. 1062. Extension of times for Commission on the Future of the United States 

Aerospace industry to report and to terminate. 
Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fimd. 
Sec. 1064. Waiver of vehicle weight limits during periods of national emergency. 
Sec. 1065. Repair, restoration, and preservation of Lafayette Escadrille Memorial, 

Mames-la-Coquette, France. 

TITLE XI— CrVILLAN PERSONNEL MATTERS 
Subtitle A — Department of Defense Civilian Personnel 

Sec. 1101. Personnel pay and qualifications authority for Department of Defense 
Pentagon Resei^ation civilian law enforcement and security force. 

Sec. 1102. Pilot program for payment of retraining expenses. 

Sec. 1103. Authority of civilian employees to act as notaries. 

Sec. 1104. Authority to appoint certsdn health care professionals in the excepted 
service. 

Subtitle B — Civilian Personnel Management Generally 

Sec. 1111. Authority to provide hostile fire pay. 

Sec. 1112. Payment of expenses to obtain professional credentiaJs. 

Sec. 1113. Parity in establishment of wage schedules and rates for prevailing rate 

employees. 
Sec. 1114. Modification of limitation on premium pay. 

Sec. 1115. Participation of personnel in technical standards development activities. 
Sec. 1116. Retention of travel promotional items. 
Sec. 1117. Applicability of certain laws to certain individuals assigned to work in 

the Federal Government. 

Subtitle C — Intelligence Civilian Personnel 

Sec. 1121. Authority to increase maximum number of positions in the Defense In- 
telligence Senior Executive Service. 

Subtitle D — Matters Relating to Retirement 

Sec. 1131. Improved portability of retirement coverage for employees moving be- 
tween civil service employment and employment by nonappropriated 
fund instrumentalities. 

Sec. 1132. Federal employment retirement credit for nonappropriated fund instru- 
mentality service. 

Sec. 1133. Modification of limitations on exercise of voluntary separation incentive 
pay authority and voluntary early retirement authority. 

TITLE XII— MATTERS RELATING TO OTHER NATIONS 

Subtitle A — ^Matters Related to Arms Control and Monitoring 

Sec. 1201. Clarification of authority to furnish nuclear test monitoring equipment 
to foreign governments. 

Sec. 1202. Limitation on funding for Joint Data Exchange Center in Moscow. 

Sec. 1203. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 
weapons activities. 

Sec. 1204. Authority for employees of Federed Government contractors to accom- 
pany chemical weapons inspection teams at Government-owned facili- 
ties. 

Sec. 1205. Plan for securing nuclear weapons, material, and expertise of the states 
of the former Soviet Union. 

Subtitle B — ^Matters Relating to Allies and Friendly Foreign Nations 

Sec. 1211. Acquisition of logistical support for security forces. 

Sec. 1212. Extension of authority for international cooperative research and devel- 
opment projects. 

Sec. 1213. Cooperative agreements with foreign countries and international organi- 
zations for reciprocaJ use of test facilities. 

Sec. 1214. Sense of Congress on allied defense burdensharing. 

Subtitle C — Reports 

Sec. 1221. Report on significant sales and transfers of military hardware, expertise, 
£md technology to the People's Republic of China. 



63 



PUBLIC LAW 107-107— DEC. 28, 2001 115 STAT. 1023 

DIVISION B— MILITARY CONSTRUCTION 
AUTHORIZATIONS 

Sec. 2001. Short title; definition. 

TITLE XXI— ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of autnonty to carry out certain fiscal year 2001 projects. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2000 projects. 

TITLE XXII— NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2001 projects. 

Sec. 2206. Modification of authority to carry out certain fiscal year 2000 project. 

TITLE XXm— Am FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations. Air Force. 

Sec. 2305. Modification of autnonty to carry out certain fiscal year 2001 projects. 

TITLE XXIV— DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction smd land acquisition projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. CanceUation of authority to carry out certain fiscal year 2001 projects. 

Sec. 2405. Modification of authority to carry out certain fisctd year 2000 projects. 

Sec. 2406. Modification of authority to ceirry out certain fiscal year 1999 project. 

Sec. 2407. Modification of authority to carry out certain fiscal year 1995 project. 

Sec. 2408. Prohibition on expenditures to develop forward operating location on 
Aruba. 

TITLE XXV— NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI— GUARD AND RESERVE FACILITIES 

Sec. 2601. Authorized guard and reserve construction and land acquisition projects. 
TITLE XXVn— EXPIRATION AND EXTENSION OF AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified by 

law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1999 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1998 projects. 
Sec. 2704. Effective date. 

TITLE XXVIII— GENERAL PROVISIONS 

Subtitle A — ^Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Increase in thresholds for certain unspecified minor military construc- 
tion projects. 

Sec. 2802. Exclusion of unforeseen environmental hazard remediation fi-om Umita- 
tion on authorized cost variations. 

Sec. 2803. Repeal of annual reporting requirement on military construction and 
military family housing activities. 

Sec. 2804. Funds for housing allowances of members assigned to military family 
housing under alternative authority for acquisition and improvement 
of military housing. 

Sec. 2805. Extension of alternative authority for acquisition and improvement of 
militeiry housing. 



64 



115 STAT. 1024 PUBLIC LAW 107-107— DEC. 28, 2001 

Sec. 2806. Treatment of financing costs as allowable expenses under contracts for 
utility services from utility systems conveyed under privatization ini- 
tiative. 

Subtitle B — Real Property and Facilities Administration 

Sec. 2811. Use of military installations for certain recreational activities. 

Sec. 2812. Availability of proceeds of sales of Depeirtment of Defense property from 
certedn closed military instaUations. 

Sec. 2813. Pilot program to provide additional tools for efficient operation of mili- 
tary installations. 

Sec. 2814. Demonstration program on reduction in long-term facility maintenance 
costs. 

Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas. 

Subtitle C — Implementation of Prior Base Closure and Realignment 

Rounds 

Sec. 2821. Lease back of base closure property. 

Subtitle D — Land Conveyances 

Part I— Army CohfVEYANCEs 

Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchorage, 

Alaska. 
Sec. 2832. Lease authority, Fort Derussy, Hawaii. 
Sec. 2833. Modification of land exchange. Rock Island Arsenal, IlUnois. 
Sec. 2834. Land conveyance. Fort Des Moines, Iowa. 
Sec. 2835. Modification of land conveyances, Fort Dix, New Jersey. 
Sec. 2836. Land conveyance. Engineer Proving Ground, Fort Belvoir, Virginia. 
Sec. 2837. Land exchange and consolidation. Fort Lewis, Washington. 
Sec. 2838. Land conveyance. Army Reserve Center, Kewaunee, Wisconsin. 

Part II— Navy Conveyances 

Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station, Humboldt 
County, Cauifomia. 

Sec. 2842. Land conveyance. Port of Long Beach, California. 

Sec. 2843. Convey£ince of pier, Naval Base, San Diego, California. 

Sec. 2844. Modification of authority for conveyance of Naval Computer and Tele- 
communications Station, Cutler, Maine. 

Sec. 2845. Land transfer and conveyance. Naval Security Group Activity, Winter 
Harbor, Maine. 

Sec. 2846. Land acquisition, Perquimans County, North Carolina. 

Sec. 2847. Land conveyance. Naval Weapons Industrial Reserve Plant, Toledo, 
Ohio. 

Sec. 2848. Modification of land conveyance, former United States Marine Corps Air 
Station, Eagle Mountain Lake, Texas. 

Part III— Air Force Conveyances 

Sec. 2851. Conveyance of avigation easements, former Norton Air Force Base, Cali- 
fornia. 

Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, Colorado. 

Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam. 

Sec. 2854. Conveyance of segment of Loring petroleum pipeline, Maine, and related 
easements. 

Sec. 2855. Land conveyance, petroleum terminal serving former Loring Air Force 
Base and Bangor Air National Guard Base, Maine. 

Sec. 2856. Land conveyances, certain former Minuteman III ICBM facilities in 
North Dakota. 

Sec. 2857. Land conveyances, Charleston Air Force Base, South CaroUna. 

Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett, Washington. 

Subtitle E— Other Matters 

Sec. 2861. Management of the Presidio of San Francisco. 

Sec. 2862. Transfer of jurisdiction for development of Air Force morale, welfare, 
and recreation facility. Park City, Utah. 

Sec. 2863. Alternate site for United States Air Force Memorial, preservation of 
open space on Arlington Ridge tract, and related land transfer at Ar- 
lington National Cemetery, Virginia. 

Sec. 2864. Establishment of memorial to victims of terrorist attack on Pentagon 
Reservation and authority to accept monetary contributions for memo- 
rial and repair of Pentagon. 



65 



115 STAT. 1234 PUBLIC LAW 107-107— DEC. 28, 2001 

(2) The Secretary shall transmit to Congress a copy of each 
report received under paragraph (1)(A). 

(d) Report on Architectural and Engineering Costs.— 
Not later than one year after the date of the enactment of this 
Act, the Secretary of the Air Force shall submit to Congress a 
report containing an estimate of the architectural and engineering 
costs to be incurred to fiilly repair, restore, and preserve the memo- 
rial and ensure the long-term structural integrity of the memorial. 
The estimate shall be prepared by a private United States entity, 
under contract with the Secretary. Funds for the contract shall 
also be derived from the amount specified in subsection (e). 

(e) Funds for Grant. — Fimds for the grant under subsection 
(a) shall be derived only from amounts authorized to be appropriated 
under section 301(a)(4) for operation and maintenance for the Air 
Force. 

TITLE XI— CIVILIAN PERSONNEL 
MATTERS 

Subtitle A — ^Department of Defense Civilian Personnel 

Sec. 1101. Personnel pay and qualifications authority for Department of Defense 
Pentagon Reservation civilian law enforcement and security force. 

Sec. 1102. Pilot program for payment of retraining expenses. 

Sec. 1103. Authority of civilian employees to act £is notaries. 

Sec. 1104. Authority to appoint certain health care professionals in the excepted 
service. 

Subtitle B — Civilian Personnel Management Generally 

Sec. 1111. Authority to provide hostile fire pay. 

Sec. 1112. Payment of expenses to obtain professional credentials. 

Sec. 1113. Parity in establishment of wage schedules and rates for prevailing rate 

employees. 
Sec. 1114. Modification of limitation on premium pay. 

Sec. 1115. Participation of personnel in technical standards development activities. 
Sec. 1116. Retention of travel promotional items. 
Sec. 1117. ApplicabiUty of certain laws to certain individusds assigned to work in 

the Federeil Government. 

Subtitle C — Intelligence Civilian Personnel 

Sec. 1121. Authority to increase maximum number of positions in the Defense In- 
telUgence Senior Executive Service. 

Subtitle D — ^Matters Relating To Retirement 

Sec. 1131. Improved portability of retirement coverage for employees moving be- 
tween civil service emplojTnent and employment by nonappropriated 
fund instrumentalities. 

Sec. 1132. Federal employment retirement credit for nonappropriated fund instru- 
mentality service. 

Sec. 1133. Modification of limitations on exercise of voluntary separation incentive 
pay authority and voluntary early retirement authority. 

Subtitle A — Department of Defense 
Civilian Personnel 

SEC. 1101. PERSONNEL PAY AND QUALIFICATIONS AUTHORITY FOR 
DEPARTMENT OF DEFENSE PENTAGON RESERVATION 
CIVILIAN LAW ENFORCEMENT AND SECURITY FORCE. 

Section 2674(b) of title 10, United States Code, is amended — 
(1) by inserting "(1)" before the tejrt in the first paragraph 
of that subsection; 



66 



115 STAT. 1238 PUBLIC LAW 107-107— DEC. 28, 2001 

"(i) Reinstatement. — In determining eligibility for reinstate- 
ment in the civil service of individuals appointed to positions in 
the Department of Defense vinder this section who at the time 
of appointment have a civil service status and whose employment 
in the Department of Defense is terminated, the period of service 
performed in the Department shall be included in computing the 
period of service imder appUcable civil service regulations.". 

(b) Clerical Amendment.— The table of sections at the begin- 
ning of such chapter is amended by adding at the end the following 
new item: 

"1599c. Appointment in excepted service of certain health care professionals.". 

Subtitle B — Civilian Personnel 
Management Generally 

SEC. 1111. AUTHORITY TO PROVTOE HOSTILE FIRE PAY. 

(a) In General.— Subchapter IV of chapter 59 of title 5, United 
States Code, is amended by adding at the end the following new 
section: 

"§5949. Hostile fire pay 

"(a) The head of an Executive agency may pay an employee 
hostile fire pay at the rate of $150 for any month in which the 
employee was — 

"(1) subject to hostile fire or explosion of hostile mines; 
"(2) on duty in an area in which the employee was in 
imminent danger of being exposed to hostile fire or explosion 
of hostUe mines and in which, during the period on duty in 
that area, other employees were subject to hostUe fire or explo- 
sion of hostile mines; or 

"(3) killed, injured, or wounded by hostile fire, explosion 
of a hostile mine, or any other hostile action. 
"(b) An employee covered by subsection (a)(3) who is hospital- 
ized for the treatment of his or her injury or wound may be 
paid hostile fire pay under this section for not more than three 
additionsil months during which the employee is so hospitalized. 
"(c) An employee may be paid hostile fire pay vmder this section 
in addition to other pay and allowances to which entitled, except 
that an employee may not be paid hostile fire pay under this 
section for periods of time during which the employee receives 
payment under section 5925 of this title because of exposure to 
political violence or pajmient under section 5928 of this title.". 

(b) Technical Amendment.— The table of sections at the begin- 
ning of chapter 59 of such title is amended by inserting at the 
end the following new item: 

"5949. Hostile fire pay.". 

10 use 5949 (c) Effective Date. — This provision is effective as if enacted 

note into law on September 11, 2001, and may be applied with respect 

to any hostile action that took place on or after that date. 

SEC. 1112. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL 
CREDENTIALS. 

(a) In General.— Chapter 57 of title 5, United States Code, 
is amended by adding at the end the following new section: 



67 



PUBLIC LAW 107-107— DEC. 28, 2001 115 STAT. 1241 

SEC. 1115. PARTICIPATION OF PERSONNEL IN TECHNICAL STAND- 
ARDS DEVELOPMENT ACTIVITIES. 

Subsection (d) of section 12 of the National Technology Transfer 
and Advancement Act of 1995 (Pub. Law 104-113; 15 U.S.C. 272 
note) is amended — 

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new para- 
graph (4): 

"(4) Expenses of government personnel.— Section 5946 
of title 5, United States Code, shall not apply with respect 
to any activity of an employee of a Federal agency or depart- 
ment that is determined by the head of that agency or depart- 
ment as being an activity undertaken in carrying out this 
subsection.". 

SEC. 1116. RETENTION OF TRAVEL PROMOTIONAL ITEMS. 5 USC 5702 note. 

(a) Definition. — In this section, the term "agency" has the 
meaning given that term under section 5701 of title 5, United 
States Code. 

(b) RETENTION OF TRAVEL PROMOTIONAL ITEMS.— To the extent 

provided vmder subsection (c), a Federal employee, member of the 
Foreign Service, member of a uniformed service, any family member 
or dependent of such an employee or member, or other individual 
who receives a promotional item (including frequent flyer miles, 
upgrade, or access to carrier clubs or facilities) as a result of 
using travel or transportation services obtained at Federal Govern- 
ment expense or accepted under section 1353 of title 31, United 
States Code, may retain the promotioned item for personal use 
if the promotional item is obtained under the same terms as those 
offered to the general pubhc and at no additional cost to the Federal 
Government. 

(c) Limitation.— Subsection (b)— 

(1) apphes only to travel that — 

(A) is at the expense of an agency; or 

(B) is accepted by an agency under section 1353 of 
title 31, United States Code; and 

(2) does not apply to travel by any officer, employee, or 
other official of the Government who is not in or under any 
agency. 

(d) Regulatory Authority. — Any agency with authority to 
prescribe regulations governing the acquisition, acceptance, use, 
or disposal of any travel or transportation services obtained at 
Government expense or accepted under section 1353 of title 31, 
United States Code, may prescribe regulations to carry out sub- 
section (b) with respect to those travel or transportation services. 

(e) Repeal of Superseded Law. — Section 6008 of the Federal 
Acquisition Streamhning Act of 1994 (5 U.S.C. 5702 note; Pubhc 
Law 103-355) is repealed. 

(0 Applicability. — This section shall apply with respect to 
promotional items received before, on, or after the date of enactment 
of this Act. 

SEC. 1117. APPLICABILITY OF CERTAIN LAWS TO CERTAIN INDIVID- 
UALS ASSIGNED TO WORK IN THE FEDERAL GOVERN- 
MENT. 

Section 3374(c)(2) of title 5, United States Code, is amended 
by inserting "the Ethics in Government Act of 1978, section 27 



68 



PUBLIC LAW 107-107— DEC. 28, 2001 

Navy: Extension of 1998 Project Authorizations 



115 STAT. 1303 



State 


Installation or loca- 
tion 


Project 


Amount 


California 


Naval Complex, San 








Diego 


Replace Family 
Housing (94 








units) 


$13,500,000 


California 


Marine Corps Air 








Station, Miramar ... 


Family Housing 
Construction 








(166 units) .... 


$28,881,000 


Louisiana 


Naval Complex, New 








Orleans 


Replace Family 
Housing (100 








units) 


$11,930,000 


Texas 


Naval Air Station, 








Corpus Christi 


Family Housing 
Construction 








(212 units) .... 


$22,250,000 



Air Force: Extension of 1998 Project Authorization 



State 


Installation or loca- 
tion 


Project 


Amount 


New Mexico 


Kirtland Air Force 
Base 


Replace Family 
Housing (180 
units) 


$20,900,000 





SEC. 2704. EFFECTIVE DATE. 

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
effect on the later of — 

(1) October 1, 2001; or 

(2) the date of the enactment of this Act. 

TITLE XXVIII— GENERAL PROVISIONS 

Subtitle A — ^Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Increase in thresholds for certain unspecified minor military construc- 
tion projects. 

Sec. 2802. Exclusion of unforeseen environmental hazard remediation from limita- 
tion on authorized cost variations. 

Sec. 2803. Repeal of annual reporting requirement on military construction and 
military family housing activities. 

Sec. 2804. Funds for housing allowances of members assigned to militeiry family 
housing under alternative authority for acquisition and improvement 
of military housing. 

Sec. 2805. Extension of filtemative authority for acquisition and improvement of 
military housing. 

Sec. 2806. Treatment of financing costs as allowable expenses under contracts for 
utility services from utility systems conveyed under privatization ini- 
tiative. 

Subtitle B — Real Property and Facilities Administration 

Sec. 2811. Use of military installations for certain recreational activities. 

Sec. 2812. Availability of proceeds of sales of Department of Defense property from 
certain closea military installations. 

Sec. 2813. Pilot program to provide additional tools for efficient operation of mili- 
tary installations. 

Sec. 2814. Demonstration program on reduction in long-term facility maintenemce 
costs. 



69 



115 STAT. 1304 PUBLIC LAW 107-107— DEC. 28, 2001 

Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas. 

Subtitle C — Implementation of Prior Base Closure and Realignment 

Rounds 

Sec. 2821. Lease back of base closure property. 

Subtitle D — ^Land Conveyances 

Part I— Army Conveyances 

Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchorjige, 

Alaska. 

Sec. 2832. Lease authority. Fort DeRussy, Hawaii. 

Sec. 2833. Modification ofland exchange. Rock Island Arsenal, Illinois. 

Sec. 2834. Land conveyance. Fort Des Moines, Iowa. 

Sec. 2835. Modification of land conveyances. Fort Dix, New Jersey. 

Sec. 2836. Land conveyance. Engineer Proving Ground, Fort Belvoir, Virginia. 

Sec. 2837. Land exchange and consolidation. Fort Lewis, Washington. 

Sec. 2838. Leind conveyance, Army Reserve Center, Kewaunee, Wisconsin. 

Part II— Navy Conveyances 

Sec. 2841. Transfer of iurisdiction, Centerville Beach Naval Station, Humboldt 
County, California. 

Sec. 2842. Land conveyance, Port of Long Beach, California. 

Sec. 2843. Conveyance of pier, Naval Base, Sein Diego, Cahfomia. 

Sec. 2844. Modification oi authority for conveyance of Naval Computer and Tele- 
communications Station, Cutler, Maine. 

Sec. 2845. Land transfer and conveyance, Naval Security Group Activity, Winter 
Harbor, Maine. 

Sec. 2846. Leind acquisition, Perquimans County, North Carolina. 

Sec. 2847. Lfind conveyance. Naval Weapons Industrial Reserve Plant, Toledo, 
Ohio. 

Sec. 2848. Modification of land conveyance, former United States Marine Corps Air 
Station, Eagle Mountain Lake, Texas. 

Part HI— Air Force Conveyances 

Sec. 2851. Conveyance of avigation easements, former Norton Air Force Base, Cali- 
fornia. 

Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, Colorado. 

Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam. 

Sec. 2854. Conveyance of segment of Loring petroleum pipeUne, Maine, and related 
easements. 

Sec. 2855. Land conveyance, petroleum terminal serving former Loring Air Force 
Base and Bangor Air National Guard Base, Maine. 

Sec. 2856. Land conveyances, certain former Minuteman IH ICBM facilities in 
North Dakota. 

Sec. 2857. Land conveyances, Charleston Air Force Base, South Carohna. 

Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett, Washington. 

Subtitle E— Other Matters 

Sec. 2861. Management of the Presidio of San Francisco. 

Sec. 2862. Trsuisfer of jurisdiction for development of Air Force morfde, welfare, 
and recreation facility, Park City, Utah. 

Sec. 2863. Alternate site for Umted States Air Force Memorial, preservation of 
open space on Arlington Ridge tract, and related land transfer at Ar- 
lington National Cemetery, Virginia. 

Sec. 2864. Establishment of memorial to victims of terrorist attack on Pentagon 
Reservation and authority to accept monetary contributions for memo- 
rial and repair of Pentagon. 

Sec. 2865. Repeal of limitation on cost of renovation of Pentagon Reservation. 

Sec. 2866. Development of United States Army Heritage and Education Center at 
Carlisle Barracks, Pennsylvania. 

Sec. 2867. Effect of limitation on construction of roads or highways, Marine Corps 
Base, Camp Pendleton, CaUfornia. 

Sec. 2868. Establishment of World War II memorial at additional location on 
Guam. 

Sec. 2869. Demonstration project for purchase of fire, security, police, public works, 
and utility services from local government agencies. 

Sec. 2870. Report on future land needs of United States Military Academy, New 
York, and adjacent community. 

Sec. 2871. Naming of Patricia C. Lamar Army National Guard Readiness Center, 
Oxford, Mississippi. 



70 



PUBLIC LAW 107-107— DEC. 28, 2001 115 STAT. 1317 

(c) Additional Limitation on Use.— The property conveyed 
under subsection (a) shall not be used for commercial purposes. 

(d) Description of Property. — The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Adminis- 
trator. The cost of the survey shall be borne by the City. 

(e) Additional Terms and Conditions.— The Administrator 
may require such additional terms and conditions in connection 
with the conveyance under subsection (a) as the Administrator 
considers appropriate to protect the interests of the United States. 

PART II— NAVY CONVEYANCES 

SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE BEACH NAVAL 
STATION, HUMBOLDT COUNTY, CALIFORMA. 

(a) Transfer Authorized.— The Secretary of the Navy may 
transfer, without reimbursement, to the administrative jurisdiction 
of the Secretary of the Interior the real property, including any 
improvements thereon, consisting of the closed Centerville Beach 
Naval Station in Hiunboldt County, California, for the pvirpose 
of permitting the Secretary of the Interior to manage the real 
property as open space or for other public purposes. 

(b) Legal Description. — The exact acreage and legal descrip- 
tion of the real property to be transferred under this section shall 
be determined by a survey satisfactory to the Secretary of the 
Navy. The cost of the survey shall be borne by the Secretary 
of the Interior. 

(c) Additional Terms and Conditions.— The Secretary of the 
Navy may require such additional terms and conditions in connec- 
tion with the transfer imder subsection (a) as the Secretary of 
the Navy considers appropriate to protect the interests of the United 
States. 

SEC. 2842. LAND CONVEYANCE, PORT OF LONG BEACH, CALIFORNIA. 

(a) Conveyance Authorized.— The Secretary of the Navy may 
convey to the City of Long Beach, California, acting by and through 
its Board of Harbor Commissioners (in this section referred to 
as the "City"), all right, title, and interest of the United States 
in and to up to 11.08 acres of real property, including any improve- 
ments thereon, comprising a portion of the Navy Mole at the former 
Long Beach Naval Complex, Long Beach, California, for the purpose 
of permitting the City to use the property to support the reuse 
of other former Navy property conveyed to the City. 

(b) Consideration. — (l) Subject to paragraph (2), as consider- 
ation for the conveyance vmder subsection (a), the City shall — 

(A) convey to the Secretary all right, title, and interest 
of the City in and to a parcel of real property of equal size 
on the Mole that is acceptable to the Secretary; and 

(B) construct on the property conveyed under subparagraph 
(A) suitable replacement fuel transfer and storage facilities 
for the Navy, similar or equivalent to the facilities on the 
property to be conveyed under subsection (a), as determined 
necessary by the Secretary. 

(2) If the Secretary determines that replacement fuel transfer 
and storage facilities are not required by the Navy, the Secretary 
may make the conveyance under subsection (a) at no cost to the 
City. 



71 



PUBLIC LAW 107-107— DEC. 28, 2001 115 STAT. 1319 

the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 

SEC. 2844. MODIFICATION OF AUTHORITY FOR CONVEYANCE OF 
NAVAL COMPUTER AND TELECOMMUNICATIONS STA- 
TION, CUTLER, MAINE. 

Section 2853(a) of the Military Construction Authorization Act 
for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A- 
430) is amended by inserting "any or" before "sdl right". 

SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY 
GROUP ACTIVITY, WINTER HARBOR, MAINE. 

(a) Teiansfer of Jurisdiction of Schoodic Point Property 
Authorized. — (1) The Secretary of the Navy may transfer to the 
Secretary of the Interior administrative jurisdiction of a parcel 
of real property, including any improvements thereon and appur- 
tenances thereto, consisting of approximately 26 acres as generally 
depicted as Tract 15-116 on the map entitled "Acadia Nationsd 
Park Schoodic Point Area", numbered 123/80,418 and dated May 
2001. The map shall be on file and available for inspection in 
the appropriate offices of the National Park Service. 

(2) The transfer authorized by this subsection shall occur, if 
at all, concurrently with the reversion of administrative jurisdiction 
of a parcel of real property consisting of approximately 71 acres, 
as depicted as Tract 15-115 on the map referred to in paragraph 
(1), fi-om the Secretary of the Navy to the Secretary of the Interior 
as authorized by Public Law 80-260 (61 Stat. 519) and to be 
executed on or about June 30, 2002. 

(b) Conveyance of Corea and Winter Harbor Properties 
Authorized. — The Secretary of the Navy may convey, without 
consideration, to the State of Maine, any pohtical subdivision of 
the State of Maine, or any tax-supported agency in the State of 
Maine, all right, title, and interest of the United States in and 
to any of the parcels of real property, including any improvements 
thereon and appurtenances thereto, consisting of approximately 
485 acres and comprising the former facilities of the Naval Security 
Group Activity, Winter Harbor, Maine, located in Hancock County, 
Maine, less the real property described in subsection (a)(1), for 
the purpose of economic redevelopment. 

(c) Transfer of Personal Property.— The Secretary of the 
Navy may transfer, without consideration, to the Secretary of the 
Interior in the case of the real property transferred under subsection 
(a), or to any recipient of such real property in the case of real 
property conveyed under subsection (b), any or aU personal property 
associated with the real property so transferred or conveyed, 
including any personal property required to continue the mainte- 
nance of the infra structvu"e of such real property (including the 
generators for an uninterrupted power supply in building 154 at 
the Corea site). 

(d) Maintenance of Property Pending Conveyance.— (1) 
The Secretary of the Navy shall maintain any real property, 
including any improvements thereon, appurtenances thereto, and 
supporting infrastructure, to be conveyed under subsection (b) in 
accordance with the protection and maintenance standards specified 
in section 101-47.4913 of title 41, Code of Federal Regulations, 
until the earlier of— 

(A) the date of the conveyance of such real property under 
subsection (b); or 



72 



115 STAT. 1320 PUBLIC LAW 107-107— DEC. 28, 2001 

(B) September 30, 2003. 
(2) The requirement in paragraph (1) shall not be construed 
as authority to improve the real property, improvements, and infra- 
structure referred to in that paragrapn so as to bring such real 
property, improvements, or infrastructvure into compUance with any 
zoning or property maintenance codes or to repair any damage 
to sucn improvements and infrastructure caused by natural accident 
or disaster. 

(e) Interim Lease. — (1) Until such time as any parcel of real 
property to be conveyed under subsection (b) is conveyed by deed 
under that subsection, the Secretary of the Navy may lease such 
pajcel to any person or entity determined by the Secretary to 
be an appropriate lessee of such parcel. 

(2) The amount of rent for a lease under paragraph (1) shall 
be the amount determined by the Secretary to be appropriate, 
and may be an eunount less than the fair market value of the 
lease. 

(f) Reimbursement for Environmental and Other Assess- 
ments. — (1) The Secretary of the Navy may require each recipient 
of real property conveyed under subsection (b) to reimburse the 
Secretary for the excess costs incurred by the Secretary for any 
environmental assessment, study, or analysis carried out by the 
Secretary in connection with the conveyance of such property, if 
the excess costs were incurred as a result of a request by the 
recipient. In this paragraph, the term "excess costs" means costs 
in excess of those costs considered reasonable and necessary by 
the Secretary to comply with existing law to make the conveyance 
to the recipient. 

(2) Section 2695(c) of title 10, United States Code, shall apply 
to any amount received by the Secretary under this subsection. 

(g) Description of Property. — The exact acreage and legal 
description of the real property transferred under subsection (a), 
and each parcel of real property conveyed under subsection (b), 
shall be determined by a survey satisfactory to the Secretary of 
the Navy. The cost of any survey for real property conveyed vmder 
subsection (b) shall be borne by the recipient of the real property. 

(h) Additional Terms and Conditions.— The Secretary of the 
Navy may require such additional terms and conditions in connec- 
tion with any conveyance under subsection (b), and any lease under 
subsection (e), as the Secretary considers appropriate to protect 
the interests of the United States. 

SEC. 2846. LAND ACQUISITION, PERQUIMANS COUNTY, NORTH CARO- 
LINA. 

The Secretary of the Navy may, using funds previously appro- 
priated for such purpose, acquire any and all right, title, gmd 
interest in and to a parcel of real property, including improvements 
thereon, consisting of approximately 240 acres, or any portion 
thereof, in Perquimans Coiinty, North Carolina, for purposes of 
including such parcel in the Harvey Point Defense Testing Activity, 
Hertford, North Carolina. 

SEC. 2847. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRLVL 
RESERVE PLANT, TOLEDO, OHIO. 

(a) Conveyance Authorized.— (1) The Secretary of the Navy 
may convey, without consideration, to the Toledo-Lucas County 
Port Authority, Ohio (in this section referred to as the "Port 
Authority"), any or all right, title, and interest of the United States 



73 



115 STAT. 1328 PUBLIC LAW 107-107— DEC. 28, 2001 

(e) Effect of Failure To Utilize Transferred Property.— 
(1) If, after the 12-year period beginning on the date of the enact- 
ment of this Act, the Administrator is not using any portion of 
the property transferred imder subsection (a) or received under 
subsection (c) for the purpose specified in subsection (d), the 
Administrator shall convey, without consideration, to the Port 
Authority for Everett, Washington, all right, title, and interest 
in and to such portion of the real property, including improvements 
thereon. 

(2) The Port Authority shall use any real property conveyed 
to the Port Authority under this subsection for development and 
operation of a port facility and for other pubUc purposes. 

(f) Legal Description. — The exact acreage and legal descrip- 
tion of the real property to be transferred under subsection (a) 
shall be detennined by a survey satisfactory to the Secretary of 
the Air Force. The cost of the survey shall be borne by the Secretary 
of Commerce. 

(g) Additional Terms and Conditions.— The Secretary of the 
Air Force may require such additional terms and conditions in 
connection with the transfer imder subsection (a) as the Secretary 
of the Air Force considers appropriate to protect the interests of 
the United States. 

(h) Conforming Amendment.— Section 2866(a) of the Military 
Construction Authorization Act for Fiscal Year 2001 (division B 
of the Spence Act; 114 Stat. 1654A-^36) is amended by striking 
"22 acres" and inserting "20.9 acres". 

Subtitle E— Other Matters 

SEC. 2861. MANAGEMENT OF THE PBESIDIO OF SAN FRANCISCO. 

(a) Authority To Lease Certain Housing Units for Use 
AS Army Housing.— Title I of division I of the Omnibus Parks 
and Public Lands Management Act of 1996 (Public Law 104-333; 
16 U.S.C. 460bb note) is amended by adding at the end the following 
new section: 

«SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING 
UNITS WITHIN THE PRESIDIO. 

"(a) Availability of Housing Units for Long-Term Army 
Lease. — Subject to subsection (c), the Trust shall make available 
for lease, to those persons designated by the Secretary of the Army 
and for such lengfth of time as requested by the Secretary of the 
Army, 22 housing units located within the Presidio that are under 
the administrative jurisdiction of the Trust and specified in the 
agreement between the Trust and the Secretary of the Army in 
existence as of the date of the enactment of this section. 

"(b) Lease Amount. — The monthly amoimt charged by the 
Trust for the lease of a housing unit imder this section shall 
be equivalent to the monthly rate of the basic allowance for housing 
that the occupant of the housing unit is entitled to receive under 
section 403 of title 37, United States Code. 

"(c) Condition on Continued Availability of Housing 
Units. — Effective after the end of the four-yesir period beginning 
on the date of the enactment of this section, the Trust shall have 
no obligation to make housing imits available under subsection 
(a) unless, during that four-year period, the Secretary of the 



74 



PUBLIC LAW 107-107— DEC. 28, 2001 115 STAT. 1329 

Treasury purchases new obligations of at least $80,000,000 issued 
by the Trust under section 104(d)(2). In the event that this condition 
is not satisfied, the existing agreement referred to in subsection 
(a) shall be renewed on the same terms and conditions for an 
additional five years.". 

(b) Increased Borrowing Authority and Technical Correc- 
tions. — Paragraphs (2) and (3) of section 104(d) of title I of division 
I of the Omnibus Parks and Pubhc Lands Management Act of 
1996, as amended by section 334 of appendix C of Pubhc Law 
10&-113 (113 Stat. 1501A-198) and amended and redesignated 
by section 101(13) of Pubhc Law 106-176 (114 Stat. 25), are l6USC460bb 
amended — no*^ 

(1) in paragraph (2), by striking "including a review of 
the creditworthiness of the loan and estabhshment of a repay- 
ment schedule," the second place it appears; and 

(2) in paragraph (3) — 

(A) by striking "$50,000,000" and inserting 
"$150,000,000"; and 

(B) by striking "paragraph (3) of. 

SEC. 2862. TRANSFER OF JURISDICTION FOR DEVELOPMENT OF AIR 
FORCE MORALE, WELFARE, AND RECREATION FACILITY, 
PARK CITY, UTAH. 

(a) Transfer Authorized.— (1) The Secretary of the Interior 
may transfer, without reimbursement, to the administrative juris- 
diction of the Secretary of the Air Force a parcel of real property 
in Vaik City, Utah, including any improvements thereon, that con- 
sists of approximately 35 acres, is located on the north side of 
State highway 248 in township 2 south, range 4 east, Salt Lake 
meridian, and is designated as parcel 3 by the Bureau of Land 
Management. The real property to be transferred under this para- 
graph does not include any lands located on the south side of 
State highway 248. 

(2) The transfer shall be subject to existing rights, except that 
the Secretary of the Interior shall terminate any lease with respect 
to the parcel issued under the Act of June 14, 1926 (commonly 
known as the Recreation and Public Purposes Act; 43 U.S.C. 689 
et seq.), and still in effect as of the date of the enactment of 
this Act. 

(b) Use of Transferred Land.— (1) The Secretary of the Air 
Force may use the real property transferred under subsection (a) 
as the location for an Air Force morale, welfare, and recreation 
facility to be developed using nonappropriated funds. 

(2) The Secretary of the Air Force may return the transferred 
property (or property acquired in exchange for the transferred prop- 
erty under subsection (c)) to the administrative jurisdiction of the 
Secretary of the Interior at any time upon certifying that develop- 
ment of the morale, welfare, and recreation facility would not be 
in the best interests of the Government. 

(c) Subsequent Conveyance Authority.— (1) In heu of devel- 
oping the Air Force morale, welfare, and recreation facihty on 
the real property transferred under subsection (a), the Secretary 
of the Air Force may convey or lease the property to the State 
of Utah, a local government, or a private entity in exchange for 
other property to be used as the site of the facility. 

(2) The values of the properties exchanged by the Secretary 
under this subsection either shall be equal, or if they are not 



75 



115 STAT. 1330 PUBLIC LAW 107-107— DEC. 28, 2001 

equjil, the values shall be equalized by the payment of money 
to the grantor or to the Secretary as the circumstances require. 
The conveyance or lease shall be on such other terms as the Sec- 
retary of the Air Force considers to be advantageous to the develop- 
ment of the facility. 

(d) Alteeinative Development Authority.— The Secretary of 
the Air Force may lease the real property transferred under sub- 
section (a), or any property acquired pursuant to subsection (c), 
to another party and may enter into a contract with the party 
for the design, construction, and operation of the Air Force morale, 
welfare, and recreation facihty. The Secretary of the Air Force 
may authorize the contractor to operate the faciUty as both a 
military and a commercial operation if the Secretary determines 
that such an authorization is a necessary incentive for the con- 
tractor to agree to design, construct, and operate the fadlity. 

(e) Legal Description. — The exact acreage and legad descrip- 
tion of the real property to be transferred under subsection (a) 
shall be determined by a survey. The cost of the survey shall 
be borne by the Secretary of the Air Force. 

SEC. 2863. ALTERNATE SITE FOR UNITED STATES AIR FORCE MEMO- 
RIAL, PRESERVATION OF OPEN SPACE ON ARLINGTON 
RIDGE TRACT, AND RELATED LAND TRANSFER AT 
ARLINGTON NATIONAL CEMETERY, VIRGINIA. 

40USC1003 (a) Definitions.— In this section: 

note (1) The term "Arlington Naval Annex" means the parcel 

of Federal land located in Arhngton County, Virginia, that 
is subject to transfer to the administrative jurisdiction of the 
Secretary of the Army under section 2881 of the Military 
Construction Authorization Act for Fiscal Year 2000 (division 
B of Public Law 106-65; 113 Stat. 879). 

(2) The term "Fotindation" means the Air Force Memorial 
Foimdation, which was authorized in Public Law 103-163 (107 
Stat. 1973; 40 U.S.C. 1003 note) to establish a memorial in 
the District of Columbia or its environs to honor the men 
and women who have served in the United States Air Force 
and its predecessors. 

(3) The term "Air Force Memoried" means the United States 
Air Force Memorial to be established by the Foundation. 

(4) The term "Arlington Ridge tract" means the parcel 
of Federal land in Arlington County, Virginia, known as the 
Nevius Tract and transferred to the Department of the Interior 
in 1953, that is bounded generally by — 

(A) Arlington Boulevard (United States Route 50) to 
the north; 

(B) Jefferson Davis Highway (Virginia Route 110) to 
the east; 

(C) Marshall Drive to the south; and 

(D) North Meade Street to the west. 

(5) The term "Section 29" means a parcel of Federal land 
in Arlington County, Virginia, that is currently administered 
by the Secretary of the Interior within the boundaries of 
Arlington National Cemetery and is identified as "Section 29". 

40USC1003 (b) Use of Arlington Naval Annex as Site for Air Force 

note Memorial.— 

(1) Availability of site.— The Secretary of Defense shall 
make available to the Foundation, without reimbursement, up 



76 



PUBLIC LAW 107-107— DEC. 28, 2001 



115 STAT. 1331 



to three acres of the Arhngton Naval Annex, which the Founda- 
tion shall use as the location for the Air Force Memorial in 
heu of any previously approved location for the Air Force Memo- 
rial. The land made available shall include the promontory 
adjacent to, and the land underljdng, Wing 8 of Federal Office 
Building #2 in the northeast quadrant of the Arlington Naval 
Annex. 

(2) Exception. — The requirement to use the land made 
available under paragraph (1) as the location for the Air Force 
Memorial, and the prohibition on the use of any previously 
approved location, shall not apply if the Secretary of Defense 
determines that it is physically impracticable to construct the 
Air Force Memorial on such land on account of the geological 
nature of the land. 

(3) Relation to other transfer authority.— Not later 
than six months after the date of the enactment of this Act, 
the Secretary of Defense shall transfer to the Secretary of 
the Army administrative jvirisdiction over the Arlington Naval 
Annex site made available imder this subsection for construc- 
tion of the Air Force Memorial. Nothing in this subsection 
alters the deadline for transfer of the remainder of the 
Arhngton Naval Annex to the Secretary of the Army and 
remediation of the transferred land for use as part of Arlington 
National Cemetery, as required by section 2881 of the Military 
Construction Authorization Act for Fiscal Year 2000. 

(c) Site Preparation.— 

(1) Preparation for construction.— Upon receipt of 
notification from the Foimdation that the Foundation has suffi- 
cient funds to commence construction of the Air Force Memo- 
rial, the Secretary of Defense, in coordination with the Founda- 
tion, shall remove Wing 8 of Federal Office Building #2 at 
the Arlington Naval Annex, as well as its associated outbuilding 
and parking lot, and prepare the land made available under 
subsection (b) for construction of the Air Force Memorial. In 
addition to demolition and removal, such site preparation work 
may include environmental remediation, installation of water, 
sewer, telephone, electrical, and storm water management 
infrastructure necessary for the memorial, installation of side- 
walks consistent with the design of the memorial compHant 
with the requirements of the Americans With Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.), and the placement of 
screening berms and mature evergreen trees between Federal 
Office Building #2 and the memorial. 

(2) Completion . — Not later than two years after the date 
on which the Foundation provides the notification referred to 
in paragraph (1), the Secretary of Defense shall complete the 
demolition and removal of the structures and such site prepara- 
tion work as the Secretary agrees to undertake under this 
subsection. 

(3) Funding source.— The Secretary of Defense shall use 
amounts appropriated for operation and maintenance to carry 
out the demolition and removal work and site preparation 
described in paragraph (1). 

(4) Assistance for displaced agency.— The Secretary of 
the Army shall serve as the Executive Agent for the Balhstic 
Missile Defense Organization in securing suitable sites, 
including, if necessary, sites not currently owned by the United 



40USC1003 
note 



Deadlhe. 



77 



115 STAT. 1332 PUBLIC LAW 107-107— DEC. 28, 2001 

States, to replace offices lost as a result of the demolition 
of Wing 8 of Federal Office Building #2 at the Arlington Naval 
Aimex. 
40 use 1003 (d) Construction of Air Force Memorial. — 

note (1) Commencement. — Upon the demoUtion and removal 

of the structures required to be removed under subsection (c)(1), 
the Secretary of Defense shall permit the Foundation to com- 
mence construction of the Air Force Memorial on the ArUngton 
Naval Aimex site made available under subsection (b). 

(2) Oversight. — The Secretary of Defense shall have exclu- 
sive authority in all matters relating to approval of the siting 
and design of the Air Force Memorial on the ArUngton Naval 
Annex site, and the siting, design, and construction of the 
memorial on such site shall not be subject to the requirements 
of the Commemorative Works Act (40 U.S.C. 1001 et seq.). 

(3) Effect of failure to commence construction.— 
If, within five years after the date of the enactment of this 
Act, the Foundation has not commenced construction of the 
Air Force Memorial on the Arlington Naval Annex site made 
available under subsection (b), the Secretary of Defense may 
revoke the authority of the Foundation to use the site as 
the location of the memorial. 

40USC1003 (e) Access and Management of Air Force Memorial.— The 

notft Secretary of the Army may enter into a cooperative agreement 

with the Foundation to provide for management, maintenance, and 
repair of the Air Force Memorial constructed on the Arlington 
Naval Annex site made available under subsection (b) and to guar- 
antee pubhc access to the memorial. 

(f) Limitation on Use of Arungton Naval Annex as Site 
for Other Memorials or Museums.— Section 2881(b) of the Mili- 
tary Construction Authorization Act for Fiscal Year 2000 (division 
B of Pubhc Law 106-65; 113 Stat. 879) is amended by striking 
paragraph (2) and inserting the following new paragraph (2): 

"(2) The Secretary of Defense shall reserve not more than 
four acres of the Navy Annex property south of the existing 
Columbia Pike as a site for — 

"(A) a National Military Museum, if such site is rec- 
ommended for such purpose by the Commission on the National 
Military Museiun established under section 2901 and the Sec- 
retary of Defense considers such site compatible with Arlington 
National Cemetery and the Air Force Memorial; or 

"(B) such other memorials or museums that the Secretary 
of Defense considers compatible with Arlington National Ceme- 
tery and the Air Force Memorial.". 

(g) Preservation of Arlington Ridge Tract.— 

(1) General rule. — After the date of the enactment of 
this Act, no additional structure or memorials shall be con- 
structed on the Arlington Ridge tract. 

(2) Option for future burials.— Paragraph (1) does not 
prohibit the eventual use of a portion of the Arlington Ridge 
tract as a location for in-ground burial sites and colximbarium 
for the burial of individuals eligible for burial in Arlington 
National Cemetery, if the development of such sites is specifi- 
cally authorized in a law enacted after the date of the enact- 
ment of this Act. 

(h) Land Transfer, Section 29.— 



78 



PUBLIC LAW 107-107— DEC. 28, 2001 115 STAT. 1333 

(1) Transfer required.— Not later than 30 days after Deadihe. 
the date of the enactment of this Act, the Secretary of the 
Interior shall transfer, without reimbursement, to the Secretary 

of the Army administrative jurisdiction over that portion of 
Section 29 designated as the interment zone and consisting 
of approximately 12 acres. The Secretary of the Interior shall 
modify the boundaries of the George Washington Memorial 
Parkway as may be necessary to reflect the land transfer 
required by this subsection. 

(2) Use of transferred land.— The Secretary of the Army 
shall use the transferred property for the development of in- 
ground burial sites and columbarium that are designed to meet 
the contours of Section 29. 

(3) Management of remainder.— The Secretary of the 
Interior shall manage that portion of Section 29 not transferred 
under this subsection in perpetuity to provide a natural setting 
and visual buffer for Arlington House, the Robert E. Lee Memo- 
rial. 

(4) Repeal of obsolete law.— Section 2821(a) of the MiU- 
tary Construction Authorization Act for Fiscal Year 1997 (divi- 
sion B of Public Law 104-201; 110 Stat. 2791) is repealed. 

SEC. 2864. ESTABLISHMENT OF MEMORIAL TO VICTIMS OF TER- 10USC2674 
RORIST ATTACK ON PENTAGON RESERVATION AND no^ 
authority to ACCEPT MONETARY CONTRIBUTIONS FOR 
MEMORIAL AND REPAIR OF PENTAGON. 

(a) Memorial Authorized. — The Secretary of Defense may 
establish a memorial at the Pentagon Reservation dedicated to 
the victims of the terrorist attack on the Pentagon that occurred 
on September 11, 2001. The Secretary shall use necessary amounts 
in the Pentagon Reservation Maintenance Revolving Fund estab- 
lished by section 2674(e) of title 10, United States Code, including 
amounts deposited in the Fimd under subsection (c), to plan, design, 
construct, and maintain the memorial. 

(b) Acceptance of Contributions.— The Secretary of Defense 
may accept monetary contributions made for the purpose of 
assisting in — 

(1) the establishment of the memorial to the victims of 
the terrorist attack; and 

(2) the repair of the damage caused to the Pentagon Res- 
ervation by the terrorist attack. 

(c) Deposit of Contributions . — The Secretary of Defense shall 
deposit contributions accepted under subsection (b) in the Pentagon 
Reservation Maintenance Revolving Fund. The contributions shall 
be available for expenditure only for the purposes specified in 
subsection (b). 

SEC. 2865. REPEAL OF LIMITATION ON COST OF RENOVATION OF PEN- 
TAGON RESERVATION. 

Section 2864 of the Military Construction Authorization Act 
for Fiscal Year 1997 (division B of Pubhc Law 104-201; 110 Stat. 
2806) is repealed. 

SEC. 2866. DEVELOPMENT OF UNITED STATES ARMY HERITAGE AND 
EDUCATION CENTER AT CARLISLE BARRACKS, PENNSYL- 
VANIA. 

(a) Authority To Enter into Agreement.— (1) The Secretary 
of the Army may enter into an agreement with the Military Heritage 



79 



PUBLIC LAW 107-107— DEC. 28, 2001 115 STAT. 1339 

SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL 
RESPONSE REQUIREMENTS. 

(a) Agreements Concerning the Environment and Public 
Health. — The Secretary of the Army and the Secretary of the 
Interior shaU enter into such agreements as are necessary, appro- 
priate, and in the pubUc interest to carry out the purposes of 
this title. 

(b) Relation to Other Environmental Laws.— Nothing in 
this title shall reUeve, and no action taken under this title may 
reheve, the Secretary of the Army or the Secretary of the Interior, 
or any other person from any habiUty or other obUgation under 
the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Resource Con- 
servation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.) or 
any other Federal or State law. 

SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT PLAN. 

(a) Completion. — The Secretary of the Interior shall make 
every effort to complete the West Mojave Coordinated Management 
Plan not later than two years after the date of the enactment 
of this Act. 

(b) Consideration of Withdrawal and Reservation 
Impacts. — The Secretary of the Interior shall ensure that the West 
Mojave Coordinated Management Plan considers the impacts of 
the availability or nonavailability of the lands withdrawn and 
reserved by this title on the plan as a whole. 

(c) Consultation. — The Secretary of the Interior shall consult 
vidth the Secretary of the Army and the Administrator of the 
National Aeronautics and Space Administration in the development 
of the West Mojave Coordinated Management Plan. 

SEC. 2908. release OF WILDERNESS STUDY AREAS. 

Congress hereby finds and directs that lands withdrawn and 
reserved by this title have been adequately studied for wilderness 
designation pursuant to section 603(c) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1782(c)), and are no longer 
subject to the reqtiirement of such section pertaining to the manage- 
ment of wilderness study areas in a manner that does not impair 
the suitability of such areas for preservation as wilderness . 

SEC. 2909, TRAINING ACTIVITY SEPARATION FROM UTILITY COR- 
RIDORS, 

(a) Required Separation. — ^All miUtary groxmd activity 
training on the lands withdrawn and reserved by this title shall 
remain at least 500 meters from any utility system, in existence 
as of the date of the enactment of this Act, in Utility Planning 
Corridor D, as described in the California Desert Conservation 
Area Plan, dated 1980 and subsequently amended. 

(b) Exception. — Subsection (a) does not modify the use of any 
lands used, as of the date of the enactment of this Act, by the 
National Training Center for training or alter any right of access 
granted by interagency agreement. 

SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION. 

(a) TERMINATION DATE. — Unless extended pursuant to section 
2911, unless relinquishment is postponed by the Secretary of the 
Interior pursuant to section 2912(b), and except as provided in 
section 2912(d), the withdrawal and reservation made by this title 



80 



PUBLIC LAW 107-107— DEC. 28, 2001 115 STAT. 1393 

"(1) In general. — The cash deposited into the deposit fund 
established by subsection (a) may not be withdrawn without 
the consent of the Secretary. 

"(2) Use of income.— Subject to paragraph (3), the Sec- 
retary may pay any income earned on cash of an obligor depos- 
ited into the deposit fund in accordance with the terms of 
the agreement with the obhgor under subsection (b). 

"(3) Retention against default.— The Secretary may 
retain and offset any or all of the cash of an obligor in the 
deposit fund, and any income realized thereon, as part of the 
Secretary's recovery against the obligor in case of a default 
by the obligor on an obligation.". 

Approved December 28, 2001. 



legislative history — S. 1438 (H.R. 2586): 

HOUSE REPORTS: Nos. 107-194 accompanying H.R. 2586 (Comm. on Armed Serv- 
ices) and 107-333 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 

Sept. 21, 24-26, Oct. 1, 2, considered and passed Senate, 

Oct. 17, considered and passed House, amended, in lieu of H.R. 2586. 

Dec. 13, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): 

Dec. 28, Presidential statement. 



o 



81 



PUBLIC LAW 107-110— JAN. 8, 2002 115 STAT. 1425 



Public Law 107-110 
107th Congress 

An Act 

To close the achievement gap with accountabiUty, flexibility, and choice, so that Jan. 8, 2002 

no child is left behind. [H R. 1] 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, No Child Left 

15 ST A. «aUABS4SrSL5P B^ndActof 

This title may be cited as the "No Child Left Behind Act f^fj^^^*'"'- 

of 2001". govemmaital 

15 P4I«CWL54A.04A . S5 . SIP j;!!?H?S!;„„, 

20 use 6301 

The table of contents for this Act is as follows: note 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Transition. 

Sec. 5. Effective date. 

Sec. 6. Table of contents of Elementary and Secondary Education Act of 1965. 

TITLE I— IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 
DISADVANTAGED 
Sec. 101. Improving the academic achievement of the disadvantaged. 

TITLE II— PREPARING, TRAINING, AND RECRUITING HIGH QUALITY 

TEACHERS AND PRINCIPALS 

Sec. 201. Teacher and principal training and recruiting fund. 
Sec. 202. Continuation of awards. 

TITLE m— LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT 
AND IMMIGRANT STUDENTS 

Sec. 301. Language instruction for limited English proficient children and immi- 
gremt children suid youth. 

TITLE IV— 21ST CENTURY SCHOOLS 
Sec. 401. 21st Century schools. 

TITLE V— PROMOTING DEFORMED PARENTAL CHOICE AND INNOVATIVE 

PROGRAMS 

Sec. 501. Innovative programs and parental choice provisions. 
Sec. 502. Continuation of awards. 

TITLE VI— FLEXIBILITY AND ACCOUNTABILITY 

Sec. 601. Flexibility and accountability. 

Sec. 602. Amendment to the National Education Statistics Act of 1994. 

TITLE VII— LNDLAN, NATIVE HAWAIL\N, AND ALASKA NATIVE EDUCATION 

Sec. 701. Indians, Native Hawaiians, and Alaska Natives. 
Sec. 702. Conforming amendments. 
Sec. 703. Savings provisions. 

TITLE Vin— IMPACT AID PROGRAM 
Sec. 801. Payments relating to Federal acquisition of real property. 



82 



PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1433 

"Sec. 4112. Reservation of State funds for safe and drug-free schools. 

"Sec. 4113. State application. 

"Sec. 4114. Local educational agency program. 

"Sec. 4115. Authorized activities. 

"Sec. 4116. Reporting. 

"Sec. 4117. Programs for Native Hawaiians. 

"Subpart 2 — National Programs 

"Sec. 4121. Federal activities. 

"Sec. 4122. Impact evaluation. 

"Sec. 4123. Hate crime prevention. 

"Sec. 4124. Safe and Drug-Free Schools and Commimities Advisory Committee. 

"Sec. 4125. National coordinator program. 

"Sec. 4126. Community service grant program. 

"Sec. 4127. School Security Technology and Resource Center. 

"Sec. 4128. National Center for School and Youth Safety. 

"Sec. 4129. Grants to reduce alcohol abuse. 

"Sec. 4130. Mentoring programs. 

"Subpart 3 — Gun Possession 

"Sec. 4141. Gun-free requirements. 

"Subpeirt 4 — General Provisions 

"Sec. 4151. Definitions. 

"Sec. 4152. Message and materials. 

"Sec. 4153. Parentfd consent. 

"Sec. 4154. Prohibited uses of funds. 

"Sec. 4155. Transfer of school disciplinary records. 

'Tart B— 21st Century Community Learning Centers 

"Sec. 4201. Purpose; definitions. 

"Sec, 4202. Allotments to States. 

"Sec. 4203. State application. 

"Sec. 4204. Local competitive grant program. 

"Sec. 4205. Local activities. 

"Sec. 4206. Authorization of appropriations. 

"Part C— Environment al Tobacco Smoke 

"Sec. 4301. Short title. 

"Sec. 4302. Definitions. 

"Sec. 4303. Nonsmoking policy for children's services. 

"Sec. 4304. Preemption. 

"TITLE V— PROMOTING INFORMED PARENTAL CHOICE AND ESINOVATIVE 

PROGRAMS 

'Tart A— Innovative Programs 

"Sec. 5101. Purposes, State and local responsibility. 

"Subpart 1 — State and Local Programs 

"Sec. 5111. Allotment to States. 

"Sec. 5112. Allocation to local educational agencies. 

"Subpart 2 — State Programs 

"Sec. 5121. State uses of funds. 
"Sec. 5122. State applications. 

"Subpart 3 — Local Innovative Education Programs 

"Sec. 5131. Local uses of funds. 
"Sec. 5132. Administrative authority. 
"Sec. 5133. Local applications. 

"Subpart 4 — General Provisions 

"Sec. 5141. Maintenance of effort. 

"Sec. 5142. Participation of children enrolled in private schools. 

"Sec. 5143. Federal administration. 

"Sec. 5144. Supplement, not supplant. 

"Sec. 5145. Definitions. 

"Sec. 5146. Authorization of appropriations. 



83 



PUBLIC LAW 107-110— JAN. 8, 2002 115 STAT. 1435 

"Subpart 5 — Reading Is Fundamental — Inexpensive Book Distribution Program 

"Sec. 5451. Inexpensive book distribution program for reading motivation. 

"Subpart 6 — Gifted and Talented Students 

"Sec. 5461. Short title. 

"Sec. 5462. Purpose. 

"Sec. 5463. Rule of construction. 

"Sec. 5464. Authorized programs. 

"Sec. 5465. Program priorities. 

"Sec. 5466. General provisions. 

"Subpart 7 — Star Schools Program 

"Sec. 5471. Short title. 

"Sec. 5472. Purposes. 

"Sec. 5473. Grant program authorized. 

"Sec. 5474. Applications. 

"Sec. 5475. Other grant assistance. 

"Sec. 5476. Administrative provisions. 

"Sec. 5477. Definitions. 

"Subpart 8 — Ready to Teach 

"Sec. 5481. Grants. 

"Sec. 5482. Application required. 

"Sec. 5483. Reports and evaluation. 

"Sec. 5484. Digital educational programming grants. 

"Sec. 5485. Administrative costs. 

"Subpart 9 — Foreign Language Assistance Program 

"Sec. 5491. Short title. 

"Sec. 5492. Program authorized. 

"Sec. 5493. Applications. 

"Sec. 5494. Elementary school foreign language incentive program. 

"Subpart 10 — Physical Education 

"Sec. 5501. Short title. 

"Sec. 5502. Purpose. 

"Sec. 5503. Program authorized. 

"Sec. 5504. Applications. 

"Sec. 5505. Requirements. 

"Sec. 5506. Administrative provisions. 

"Sec. 5507. Supplement, not supplant. 

"Subpart 11 — Community Technology Centers 

"Sec. 5511. Purpose and program authorization. 
"Sec. 5512. Eligibility and application requirements. 
"Sec. 5513. Uses of ftmds. 

"Subpart 12 — Educational, Cultural, Apprenticeship, and Exchange Programs for 
Alaska Natives, Native Hawaiians, and Their Historical Whaling tmd Trading 
Partners in Massachusetts 

"Sec. 5521. Short title. 

"Sec. 5522. Findings and purposes. 

"Sec. 5523. Program authorization. 

"Sec. 5524. Administrative provisions. 

"Sec. 5525. Availability of funds. 

"Sec. 5526. Definitions. 

"Subpart 13 — ^Excellence in Economic Education 

"Sec. 5531. Short title. 

"Sec. 5532. Purpose and goals. 

"Sec. 5533. Grant program authorized. 

"Sec. 5534. Applications. 

"Sec. 5535. Requirements. 

"Sec. 5536. Administrative provisions. 

"Sec. 5537. Supplement, not supplant. 

"Subpart 14 — Grants to Improve the Mental Health of Children 
"Sec. 5541. Grants for the integration of schools and mental health systems. 



84 



115 STAT. 1776 



PUBLIC LAW 107-110— JAN. 8, 2002 



from any sums that the United States or the agencies or 
instrumentalities of the United States owe to the person against 
whom the penalty is assessed. 

"(5) Petition for review. — Any person aggrieved by a 
penalty assessed or an order issued, or both, by the Secretary 
under this section may file a petition for judicial review of 
the order with the United States Court of Appeals for the 
District of Columbia Circuit or for any other circuit in which 
Records. the person resides or transacts business. Such person shall 

provide a copy of the petition to the Secretary or the Secretary's 
designee. The petition shall be filed within 30 days after the 
Secretary's assessment or order, or both, are final and have 
been provided to such person by certified mail. The Secretary 
shall promptly provide to the court a certified copy of the 
transcript of any hearing held under this section and a copy 
of the notice or order. 

"(6) Failure to comply . — If a person fails to pay an assess- 
ment of a civil penalty or comply with an order, after the 
assessment or order, or both, are final under this section, 
or after a court has entered a final judgment under paragraph 
(5) in favor of the Secretary, the Attorney General, at the 
request of the Secretary, shall recover the amount of the civil 
penalty (plus interest at prevaUing rates from the day the 
assessment or order, or both, are final) or enforce the order 
in an action brought in the appropriate district court of the 
United States. In such action, the validity and appropriateness 
of the penalty or order or the amount of the penalty shall 
not be subject to review. 

20 use 7184 "SEC. 4304. PREEMFnON. 

"Nothing in this part is intended to preempt any provision 
of law of a State or political subdivision of a State that is more 
restrictive than a provision of this part.". 

TITLE V— PROMOTING INFORMED PA- 
RENTAL CHOICE AND INNOVATIVE 
PROGRAMS 

SEC. 501. INNOVATIVE PROGRAMS AND PARENTAL CHOICE PROVI- 
SIONS. 

Title V (20 U.S.C. 7201 et seq.) is amended to read as follows: 

"TITLE V— PROMOTING INFORMED PA- 
RENTAL CHOICE AND INNOVATIVE 
PROGRAMS 

"PART A— INNOVATIVE PROGRAMS 

20 use 7201 "SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY. 

"(a) Purposes. — The purposes of this part are the following: 
"(1) To support local education reform efforts that are con- 
sistent with and support statewide education reform efforts. 



85 



PUBLIC LAW 107-110— JAN. 8, 2002 



115 STAT. 1845 



"(E) Activities that provide home access to computers 
and technology, such as assistance and services to promote 
the acquisition, installation, Eind use of information tech- 
nology in the home through low-cost solutions such as 
networked computers, web-based television devices, and 
other technology. 

"Subpart 12 — ^Educational, Cultural, Apprentice- 
ship, and Exchange Programs for Alaska Na- 
tives, Native Hawaiians, and Their Historical 
Whaling and Trading Partners in Massachusetts 

"SEC. 5521. SHORT TITLE. 

"This subpart may be cited as the 'Alaska Native and Native 
Hawaiian Education Through Cultural and Historical Organizations 
Act'. 

-SEC. 5522. FINDE^GS AND PURPOSES. 

"(a) Findings. — Congress finds the following: 

"(1) Alaska Natives and Native Hawaiians have been Unked 
for over 200 years to the coastal towns of Salem, Massachusetts, 
and New Bedford, Massachusetts, through the China trade 
from Salem and whaUng voyages from New Bedford. 

"(2) Nineteenth-century trading ships sailed from Salem, 
Massachusetts, around Cape Horn of South America, and up 
the Northwest coast of the United States to Alaska, where 
their crews traded with Alaska Native people for furs, and 
then went on to Hawaii to trade for sandalwood with Native 
Hawaiians before going on to China. 

"(3) During the 19th century, over 2,000 whaling voyages 
sailed out of New Bedford, Massachusetts to the Arctic region 
of Alaska, and joined Alaska Natives from Barrow, Alaska 
and other areas in the Arctic region in subsistence whaling 
activities. 

"(4) Many New Bedford whaling voyages continued on to 
Hawaii, where they joined Native Hawaiians from the neigh- 
boring islands. 

"(5) From those commercial and whaUng voyages, a rich 
cultural exchange and strong trading relationships developed 
among the three peoples involved. 

"(6) In the past decades, awareness of the historical trading, 
cultural, £ind whaling links has faded among Alaska Natives, 
Native Hawaiians, and the people of the continental United 
States. 

"(7) In 2000, the Alaska Native Heritage Center in Alaska, 
the Bishop Museum in Hawaii, and the Peabody-Essex Museum 
in Massachusetts initiated the New Trade Winds project to 
use 21st-century technology, including the Internet, to educate 
students and their parents about historic and contemporary 
cultural and trading ties that continue to link the diverse 
cultures of the peoples involved. 

"(8) The New Bedford WhaUng Museum, in partnership 
with the New Bedford Whaling National Historical Park, has 
developed a cultural exchange and educational program with 
the Inupiat Heritage Center in Barrow, Alaska to bring together 
the children, parents, and elders from the Arctic region of 



Alaska Native 

and Native 

Hawaiian 

Educaticn 

Through Cultural 

andHistoical 

Organzations 

Act. 

20USC7265i 



20 use 7265a. 



86 



115 STAT. 1846 PUBLIC LAW 107-110— JAN. 8, 2002 

Alaska with children and families of Massachusetts to learn 
about their historical ties and about each other's contemporary 
cultures. 

"(9) Within the fast-growing cultural sector, meaningful 
educational and career opportunities based on traditional rela- 
tionships exist for Alaska Natives, Native Hawaiians, and low- 
income youth in Massachusetts. 

"(10) Cultural institutions can provide practical, culturally 
relevant, education-related internship and apprentice programs, 
such as the Museum Action Corps at the Peabody-Essex 
Museum and similar programs at the New Bedford Oceanarium 
and other institutions, to prepare youths and their families 
for careers in the cultural sector. 

"(11) The resoiu-ces of the institutions described in para- 
graphs (7) and (8) provide imique opportunities for illustrating 
and interpreting the contributions of Alaska Natives, Native 
Hawaiians, the whaling industry, and the China trade to the 
economic, social, and environmental history of the United 
States, for educating students and their parents, and for pro- 
viding opportunities for internships and apprenticeships leading 
to careers with cultural institutions. 
"(b) Purposes. — The purposes of this subpart are the following: 

"(1) To authorize and develop innovative culturally-based 
educational programs and cultural exchanges to assist Alaska 
Natives, Native Hawaiians, and children and families of 
Massachusetts linked by history and tradition to Alaska and 
Hawaii to learn about shared culture and traditions. 

"(2) To authorize and develop internship and apprentice 
programs to assist Alaska Natives, Native Hawaiians, and chil- 
dren and families of Massachusetts linked by history and tradi- 
tion with Alaska and Hawaii to prepare for careers with cul- 
tural institutions. 

"(3) To supplement programs and authorities in the area 
of education to further the objectives of this subpart. 

20 use 7265b. "SEC. 5523. PROGRAM AUTHORIZATION. 

"(a) Grants and Contracts. — In order to carry out programs 
that fulfill the purposes of this subpart, the Secreteiry is authorized 
to make grants to, or enter into contracts with, the following: 

"(1) The Alaska Native Heritage Center in Anchorage, 
Alaska. 

"(2) The Inupiat Heritage Center in Barrow, Alaska. 

"(3) The Bishop Museum in Hawaii. 

"(4) The Peabody-Essex Musevmi in Salem, Massachusetts. 

"(5) The New Bedford Whaling Museimi and the New Bed- 
ford Ocesmarium in New Bedford, Massachusetts. 

"(6) Other Alaska Native and Native Hawaiian cultural 
and educational organizations. 

"(7) Cultured and educational organizations with experience 
in developing or operating programs that illustrate and inter- 
pret the contributions of Alaska Natives, Native Hawaiians, 
the whaling industry, and the China trade to the economic, 
social, and environmental history of the United States. 

"(8) Consortia of the organizations and entities described 
in this subsection. 



87 



PUBLIC LAW 107-110-JAN. 8, 2002 



115 STAT. 1847 



"(b) Uses of Funds. — ^Activities provided through progreuns 
carried out under this subpart may include one or more of the 
following: 

"(1) Development and implementation of educational pro- 
grams to increase understanding of cultural diversity and multi- 
cultvural communication among Alaska Natives, Native Hawai- 
ians, and the people of the continental United States, based 
on historic patterns of trading and commerce. 

"(2) Development and implementation of programs using 
modern technology, including the Internet, to educate students, 
their parents, and teachers about historic and contemporary 
cultural and trading ties that continue to link the diverse 
cultures of Alaska Natives, Native Hawaiians, and the people 
of Massachusetts. 

"(3) Cultural exchanges of elders, students, parents, and 
teachers among Alaska Natives, Native Hawaiians, and the 
people of Massachusetts to increase awareness of diverse cul- 
tures among each group. 

"(4) Sharing of collections among cultural institutions 
designed to increase awareness of diverse cultures and links 
among them. 

"(5) Development and implementation of internship and 
apprentice programs in cultural institutions to train Alaska 
Natives, Native Hawaiians, and low-income students in 
Massachusetts for careers with cultvu-al institutions. 

"(6) Other activities, consistent with the purposes of this 
subpart, to meet the educational needs of Alaska Natives, 
Native Hawaiians, and students and their parents in Massachu- 
setts. 

"SEC. 5524. ADMINISTRATIVE PROVISIONS. 

"(a) Application Required. — No grant may be made under 
this subpart, and no contract may be entered into under this sub- 
part, unless the entity seeking the grant or contract submits an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may determine to 
be necessary to carry out the provisions of this subpart. 

"(b) Local Educational Agency Coordination.— Each 
applicant for a grant or contract under this subpart shall inform 
each local educational agency serving students who will participate 
in the program to be carried out under the grant or contract 
about the application. 

"SEC. 5525. availability OF FUNDS. 

"If sufficient funds are made available under section 5401 to 
carry out this subpart for a fiscal yesir, the Secretary shall make 
available, to support activities described in section 5523(b), the 
following amounts: 

"(1) Not less than $2,000,000 each to— 

"(A) the New Bedford Whaling Museum, in partnership 
with the New Bedford Oceanarium, in Massachusetts; and 

"(B) the Inupiat Heritage Center in Alaska. 
"(2) For the New Trade Winds project, not less than 
$1,000,000 each to— 

"(A) the Alaska Native Heritage Center in Alaska; 

"(B) the Bishop Museum in Hawaii; and 

"(C) the Peabody-Essex Museum in Massachusetts. 



20 use 7265c. 



20USC7265d. 



88 



115 STAT. 1848 



PUBLIC LAW 107-110— JAN. 8, 2002 



Excellence in 

Economic 

Educaticn Act of 

2001. 

20 use 7267. 



20 use 7267a. 



"(3) For internship and apprenticeship programs (including 
the Museum Action Corps of the Peabody-Essex Museum), not 
less than $1,000,000 each to— 

"(A) the Alaska Native Heritage Center in Alaska; 

"(B) the Bishop Museum in Hawaii; and 

"(C) the Peabody-Essex Museiun in Massachusetts. 

20 use 7265e. "SEC. 5526. DEFINITIONS. 

"In this subpart: 

"(1) Alaska native.— The term 'Alaska Native' has the 
meaning given that term in section 7306. 

"(2) Native Hawaiian.— The term 'Native Hawaiian' has 
the meaning given that term in section 7207. 

^'Subpart 13 — ^Excellence in Economic Education 

"SEC. 5531. SHORT TITLE. 

"This subpart may be cited as the 'Excellence in Economic 
Education Act of 2001'. 

"SEC. 5532. PURPOSE AND GOALS. 

"(a) Purpose. — The pvu-pose of this subpart is to promote eco- 
nomic and financial Uteracy among aU students in kindergarten 
through grade 12 by awarding a competitive grant to a national 
nonprofit educational organization that has as its primary purpose 
the improvement of the quahty of student understanding of personal 
finance and economics. 

"(b) Objectives. — The objectives of this subpart are the fol- 
lowing: 

"(1) To increase students' knowledge of, and achievement 
in, economics to enable the students to become more productive 
and informed citizens. 

"(2) To strengthen teachers' understanding of, and com- 
petency in, economics to enable the teachers to increase student 
mastery of economic principles and the practical application 
of those principles. 

"(3) To encourage economic education research and develop- 
ment, to disseminate effective instructional materials, and to 
promote repUcation of best practices and exemplary programs 
that foster economic literacy. 

"(4) To assist States in measuring the impact of education 
in economics. 

"(5) To leverage and expand private and public support 
for economic education partnerships at national. State, and 
local levels. 

20 use 7267b. "SEC. 5533. GRANT PROGRAM AUTHORIZED. 

"(a) Authorization. — The Secretary is authorized to award 
a competitive grant to a national nonprofit educational organization 
that has as its primary purpose the improvement of the quality 
of student vmderstanding of personal finance and economics through 
effective teaching of economics in the Nation's classrooms (referred 
to in this subpart as the 'grantee'). 

"(b) Uses of Funds.— 

"(1) Direct activities.— The grantee shall use 25 percent 

of the funds made available through the grant for a fiscal 

year — 



89 



115 STAT. 2094 PUBLIC LAW 107-110— JAN. 8, 2002 

(1) by striking "paragraphs (14) and (25), respectively, of 
section 14101" and inserting "section 9101"; and 

(2) by striking "(20 U.S.C. 8801)". 

(hh) Communications Act of 1934.— Section 254(h)(7)(A) of 
the Communications Act of 1934 (47 U.S.C. 254(h)(7)(A)) is 
amended — 

(1) by striking "paragraphs (14) and (25), respectively, of 
section 14101" and inserting "section 9101"; and 

(2) by striking "(20 U.S.C. 8801)". 

(ii) Transportation Equity Act for the 21st Century.— 
Section 4024 of the Transportation Equity Act for the 21st Century 
(49 U.S.C. 31136 note) is amended by striking "14101" and inserting 
"9101". 

Approved January 8, 2002. 



legislative history — H.R. 1 (S. 1): 

HOUSE REPORTS: Nos. 107-63, Pt. 1 (Comm. on Education and the Workforce) 

and 107-334 (Comm. of Conference). 
SENATE REPORTS: No. 107-7 accompanying S. 1 (Comm. on Health, Education, 

Labor, and Pensions). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 

May 17, 22, 23, considered and passed House. 

June 14, considered and passed Senate, amended, in lieu of S. 1. 

Dec. 13, House agreed to conference report. 

Dec. 17, 18, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 

Jan. 8, Presidential remarks. 



o 



90 



115 STAT. 2230 



PUBLIC LAW 107-1 17^JAN. 10, 2002 



Public Law 107-117 
107th Congress 



An Act 



Jan. 10, 2002 
[H.R. 3338] 



Department of 
Defense and 
Emergency 
Supplemental 
Appropriations 
for Recovery firam 
and Response to 
Terrorist Attacks 
on the United 
States Act, 2002. 
Department of 
Defense 
Appropriations 
Act, 2002. 



Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 2002, for military functions administered by the Department 
of Defense, and for other purposes, namely: 

DIVISION A— DEPARTMENT OF DEFENSE APPROPRIATIONS, 

2002 

TITLE I 

MILITARY PERSONNEL 

Military Personnel, Army 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Army on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for payments pursuant to section 156 of PubUc Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Mihtary Retirement Fund, $23,752,384,000. 

Military Personnel, Navy 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; and for payments pursuant to section 156 of PubUc Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Mihtary Retirement Fund, $19,551,484,000. 

Military Personnel, Marine Corps 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 



91 



PUBLIC LAW 107-117— JAN. 10, 2002 115 STAT. 2231 

(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Marine Corps on active duty (except 
members of the Reserve provided for elsewhere); and for payments 
pursuant to section 156 of PubUc Law 97-377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Military Retire- 
ment Fund, $7,345,340,000. 

Military Personnel, Air Force 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Air Force on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for payments pursuant to section 156 of PubUc Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $19,724,014,000. 

Reserve Personnel, Army 

For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve on active 
duty under sections 10211, 10302, and 3038 of title 10, United 
States Code, or while serving on active duty under section 12301(d) 
of title 10, United States Code, in connection with performing 
duty specified in section 12310(a) of title 10, United States Code, 
or while undergoing reserve training, or while performing drills 
or equivalent duty or other duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 
of title 10, United States Code; and for payments to the Department 
of Defense Military Retirement Fund, $2,670,197,000. 

Reserve Personnel, Navy 

For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performiag drills or equivalent duty, and for 
members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and 
for payments to the Department of Defense Military Retirement 
Fund, $1,654,523,000. 

Reserve Personnel, Marine Corps 

For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Marine Corps Reserve 
on active duty under section 10211 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 
10, United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under- 
going reserve training, or while performing drills or equivalent 
duty, and for members of the Marine Corps platoon leaders class, 



92 



115 STAT. 2232 PUBLIC LAW 107-117-^AN. 10, 2002 

and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military 
Retirement Fund, $471,200,000. 

Reserve Personnel, Air Force 

For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air Force Reserve on 
active duty under sections 10211, 10305, and 8038 of title 10, 
United States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with per- 
forming duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and for members of the 
Air Reserve Officers' Training Corps, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments 
to the Department of Defense Mihtary Retirement Fund, 
$1,061,160,000. 

National Guard Personnel, Army 

For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
while on duty under section 10211, 10302, or 12402 of title 10 
or section 708 of title 32, United States Code, or while serving 
on duty under section 12301(d) of title 10 or section 502(f) of 
title 32, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of 
title 10, United States Code; and for pajnnents to th^ Department 
of Defense Mihtary Retirement Fund, $4,041,695,000. 

National Guard Personnel, Air Force 

For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Guard on 
duty under section 10211, 10305, or 12402 of title 10 or section 
708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under- 
going training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for pa3rments to the Department of Defense 
Military Retirement Fund, $1,784,654,000. 

TITLE II 

OPERATION AND MAINTENANCE 

Operation and Maintenance, Army 

(including transfer of funds) 

For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
and not to exceed $10,794,000 can be used for emergencies and 



93 



PUBLIC LAW 107-117-^AN. 10, 2002 115 STAT. 2233 

extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and payments may be made on 
his certificate of necessity for confidential mihtary purposes, 
$22,335,074,000: Provided, That of the funds made available under 
this heading, $1,000,000, to remain available until expended, shall 
be transferred to "National Park Service — Construction" within 30 
days of the enactment of this Act, only for necessary infrastructvu-e 
repair improvements at Fort Baker, under the management of 
the Grolden Gate Recreation Area: Provided further, That of the 
funds appropriated in this paragraph, not less than $355,000,000 
shall be made available only for conventional ammunition care 
and maintenance. 

Operation and Maintenance, Navy 

For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, 
as authorized by law; and not to exceed $6,000,000 can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Navy, and pay- 
ments may be made on his certificate of necessity for confidential 
military piirposes, $26,876,636,000. 

Operation and Maintenance, Marine Corps 

For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
bylaw, $2,931,934,000. 

Operation and Maintenance, Air Force 

For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
and not to exceed $7,998,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Air Force, and payments may be made 
on his certificate of necessity for confidential miUtary pxirposes, 
$26,026,789,000: Provided, That notwithstanding any other provi- 
sion of law, that of the funds available under this heading, $750,000 
shall only be available to the Secretary of the Air Force for a 
grant to Florida Memorial College for the purpose of funding 
minority aviation training. 

Operation and Maintenance, Defense-Wide 

For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Depart- 
ment of Defense (other than the military departments), as author- 
ized by law, $12,773,270,000, of which not to exceed $25,000,000 
may be available for the CINC initiative fund accoimt; and of 
which not to exceed $33,500,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of Defense, and pa)Tnents may be made on his 
certificate of necessity for confidential military purposes: Provided, 
That notwithstanding any other provision of law, of the funds 
provided in this Act for Civil Military programs under this heading, 
$750,000 shall be available for a grant for Outdoor Odyssey, Roaring 



94 



PUBLIC LAW 107-1 17^JAN. 10, 2002 



115 STAT. 2247 



National Security Education Trust Fund 

For the purposes of title VIII of Public Law 102-183, 
$8,000,000, to be derived from the National Security Education 
Trust Fund, to remain available until expended. 

TITLE VIII 

GENERAL PROVISIONS— DEPARTMENT OF DEFENSE 

Sec. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author- 
ized by the Congress. 

Sec. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further. That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the RepubUc of Tvu"key. 

Sec. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the ciurent fiscal 
year, unless expressly so provided herein. 

Sec. 8004. No more than 20 percent of the appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or siunmer 
camp training of the Reserve Officers' Training Corps. 

(transfer of funds) 

Sec. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $2,000,000,000 of working capital funds of the Depart- 
ment of Defense or funds made available in this Act to the Depart- 
ment of Defense for military functions (except military construction) 
between such appropriations or funds or any subdivision thereof, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such authority to transfer may 
not be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That the Sec- 
retary of Defense shall notify the Congress promptly of all transfers 



10 use 1584 
note 



Notification. 



95 



PUBLIC LAW 107-117— JAN. 10, 2002 



115 STAT. 2273 



(including transfer of funds) 

Sec. 8114. Of the amounts appropriated in this Act under 
the heading, "Operation and Maintenance, Defense-Wide", 
$115,000,000 shall remain available until expended: Provided, That 
notwithstanding any other provision of law, the Secretary of Defense 
is authorized to transfer such funds to other activities of the Federal 
Government. 

Sec. 8115. None of the funds appropriated in this Act under 
the heading "Overseas Contingency Operations Transfer Fund" may 
be transferred or obligated for Department of Defense expenses 
not directly related to the conduct of overseas contingencies: Pro- 
vided, That the Secretary of Defense shall submit a report no 
later than 30 days after the end of each fiscal quarter to the 
Committees on Appropriations of the Senate and House of Rep- 
resentatives that details any transfer of fiinds from the "Overseas 
Contingency Operations Transfer Fund": Provided further. That 
the report shall explain any transfer for the maintenance of real 
property, pay of civilian personnel, base operations support, and 
weapon, vehicle or equipment maintenance. 

Sec. 8116. In addition to amounts appropriated elsewhere in 
this Act, $4,500,000 is hereby appropriated to the Department 
of Defense: Provided, That the Secretary of the Army shall make 
a grant in the amount of $4,500,000 to the Fort Des Moines Memo- 
rial Park and Education Center. 

Sec. 8117. In addition to amounts appropriated elsewhere in 
this Act, $4,250,000 is hereby appropriated to the Department 
of Defense: Provided, That the Secretary of Defense shall make 
a grant in the amount of $4,250,000 to the National D-Day Museum. 

Sec. 8118. Section 8106 of the Department of Defense Appro- 
priations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of PubUc Law 104-208; 110 Stat. 3009-111; 10 
U.S.C. 113 note) shall continue in effect to apply to disbursements 
that are made by the Department of Defense in fiscal year 2002. 

Sec. 8119. In addition to amounts provided in this Act, 
$1,700,000 is hereby appropriated for "Defense Health Program", 
to remain available for obUgation until expended: Provided, That 
notwithstanding any other provision of law, these funds shall be 
available only for a grant to the Fisher House Foundation, Inc., 
only for the construction and furnishing of additional Fisher Houses 
to meet the needs of military family members when confronted 
with the illness or hospitalization of an eligible military beneficiary. 

Sec. 8120. (a) Section 8162 of the Department of Defense 
Appropriations Act, 2000 (16 U.S.C. 431 note; PubUc Law 106- 
79) is amended — 

(1) by redesignating subsection (m) as subsection (o); and 

(2) by adding after subsection (1) the following: 
"(m) Authority to Establish Memorial.— 

"(1) In general. — The Commission may establish a perma- 
nent memorial to Dwight D. Eisenhower on land under the 
jurisdiction of the Secretary of the Interior in the District 
of Columbia or its environs. 

"(2) Compliance with standards for commemorative 
works. — The establishment of the memorial shall be in accord- 
ance with the Commemorative Works Act (40 U.S.C. 1001 
et seq.).". 



Reports. 
Deadline. 



Applicability. 
10 use 113 note. 



96 



115 STAT. 2274 



PUBLIC LAW 107-117— JAN. 10, 2002 



(b) Section 8162 of the Department of Defense Appropriations 
Act, 2000 (16 U.S.C. 431 note; Public Law 106-79) is amended— 

(1) in subsection (jX2), by striking "accept gifts" and 
inserting "solicit and accept contributions"; and 

(2) by inserting after subsection (m) (as added by subsection 
(a)(2)) the following: 

"(n) Memorial Fund.— 

"(1) ESTABUSHMENT.— There is created in the Treasury 
a fund for the memorial to Dwight D. Eisenhower that includes 
amounts contributed under subsection (j)(2). 

"(2) Use of fund. — The fund shall be used for the expenses 
of establishing the memorial. 

"(3) Interest. — The Secretary of the Treasury shall credit 
to the fund the interest on obligations held in the fund.". 

(c) In addition to the amounts appropriated or otherwise made 
available elsewhere in this Act for the Department of Defense, 
$2,600,000, to remain available imtil expended is hereby appro- 
priated to the Department of Defense: Provided, That the Secretary 
of Defense shall make a grant in the amount of $2,600,000 to 
the Dwight D. Eisenhower Memorial Commission for direct adminis- 
trative support. 

(INCLUDING TRANSFER OF FUNDS) 

Sec. 8121. In addition to the amoimts appropriated elsewhere 
in this Act, $1,700,000, to remain available until expended, is 
Deadlbe. hereby appropriated to the Department of Defense: Provided, That 

not later than 30 days after the enactment of this Act, the Secretary 
of Defense shall transfer these funds to the Department of Energy 
appropriation account "Fossil Energy Research and Development", 
only for a proposed conceptual design study to examine the feasi- 
biUty of a zero emissions, steam injection process with possible 
applications for increased power generation efficiency, enhanced 
oil recovery and carbon sequestration. 
Contracts. Sec. 8122. In addition to amovmts appropriated elsewhere in 

Claims. this Act, $8,000,000 shall be available only for the settlement of 

subcontractor claims for payment associated with the Air Force 
contract F19628-97-C-0105, Clear Radar Upgrade, at Clear AFS, 
Alaska: Provided, That all affected subcontractors shall mutually 
resolve the amounts claimed for payment by cooperative negotiation, 
third-party mediation or other form of alternative dispute resolution 
and shall present such claims to the Secretary of the Air Force: 
Provided further. That the Secretary of the Air Force shall evaluate 
claims as may be submitted by subcontractors, engaged under the 
contract, and, notwithstanding any other provision of law shall 
pay such amounts from the funds provided in this paragraph which 
the Secretary deems appropriate to settle completely any claims 
which the Secretary determines to have merit, with no right of 
appeal in any forum: Provided further. That subcontractors are 
to be paid interest, calculated in accordance with the Contract 
Disputes Act of 1978, 41 U.S.C. 601-613, on any claims which 
the Secretary determines to have merit: Provided further, That 
the Secretary of the Air Force may delegate evaluation and payment 
as above to the U.S. Army Corps of Engineers, Alaska District 
on a reimbursable basis. 

Sec. 8123. Notwithstanding any other provision of this Act, 
the total amovmt appropriated in this Act is hereby reduced by 
$1,650,000,000, to reflect savings to be achieved from business 



97 



115 STAT. 2278 PUBLIC LAW 107-117— JAN. 10, 2002 

7622 arising out of the collision involving the U.S.S. 
GREENEVILLE and the EHIME MARU, in any amount and with- 
out regard to the monetary limitations in subsections (a) and (b) 
of that section: Provided, That such payments shall be made from 
funds available to the Department of the Navy for operation and 
maintenance. 
42 use 429 note. Sec. 8134. Notwithstanding section 229(a) of the Social Security 

Act, no wages shall be deemed to have been paid to any individual 
pvirsuant to that section in any calendar year after 2001. 

Sec. 8135. The total amount appropriated in this Act is hereby 
reduced by $105,000,000 to reflect fact-of-life changes in utilities 
costs, to be derived as follows: 

"Operation and Maintenance, Army, $34,700,000; 

"Operation and Maintenance, Navy", $8,800,000; 

"Operation and Maintenance, Marine Corps", $7,200,000; 

"Operation and Maintenance, Air Force", $28,800,000; 

"Operation and Maintenance, Defense-Wide", $4,500,000; 

"Operation and Maintenance, Army Reserve", $2,700,000; 

"Operation and Maintenance, Army National Guard", 
$2,700,000; 

"Operation and Maintenance, Air National Guard", 
$3,400,000; 

"Defense Working Capital Funds", $7,100,000; and 

"Defense Health Program", $5,100,000. 
Sec. 8136. (a) Of the total amount appropriated for "Operation 
Eind Maintenance, Air Force", $2,100,000, to remain available until 
expended, shall be available to the Secretary of the Air Force 
only for the purpose of making a grant in the amount of $2,100,000 
to the Lafayette Escadrille Memorial Foundation, Inc., to be used 
to perform the repair, restoration, and preservation of the structure, 
plaza, and surrounding grounds of the Lafayette EscadriUe Memo- 
rial in Mames la-Coguette, France. 

(b) The Secretary shall require as a condition of the grant — 

(1) that the funds provided through the grant be used 
only for costs associated with such repair, restoration, and 
preservation; and 

(2) that none of those funds may be used for remuneration 
of any entity or individual associated with fund raising for 
the project to carry out such repair, restoration, and preserva- 
tion. 

California. SeC. 8137. (a) DESIGNATION OF NATIONAL MEMORIAL. — The five- 

16 use 431 note. foot-taU white cross first erected by the Veterans of Foreign Wars 
of the United States in 1934 along Cima Road in San Bernardino 
County, California, and now located within the boundary of the 
Mojave National Preserve, as well as a limited amount of adjoining 
Preserve property to be designated by the Secretary of the Interior, 
is hereby designated as a national memorial commemorating United 
States participation in World War I and honoring the American 
veterans of that war. 

(b) Legal Description. — The memorial cross referred to in 
subsection (a) is located at latitude 35.316 North and longitude 
115.548 West. The exact acreage and legal description of the prop- 
erty to be included by the Secretary of the Interior in the national 
World War I memoried shall be determined by a survey prepared 
by the Secretary. 

(c) Reinstallation of Memorial Plaque.— The Secretary of 
the Interior shall use not more than $10,000 of funds available 



98 



PUBLIC LAW 107-117-JAN. 10, 2002 115 STAT. 2279 

for the administration of the Mojave National Preserve to acquire 
a repUca of the original memorial plaque and cross placed at the 
national World War I memorial designated by subsection (a) and 
to instaU the plaque in a suitable location on the grounds of the 
memorial. 

Sec. 8138. In addition to the amounts provided elsewhere in 
this Act, the amovmt of $4,200,000 is hereby appropriated to the 
Department of Defense for "Operation and Maintenance, Navy". 
Such amount shall be used by the Secretary of the Navy only 
to make a grant in the amount of $4,200,000 to the U.S.S. Alabama 
Battleship Foundation, a nonprofit organization established under 
the laws of the State of Alabama, to be available only for the 
preservation of the former U.S.S. ALABAMA (ex BB-60) as a 
museum and memorial. 

Sec. 8139. In addition to the amoimts provided elsewhere in 
this Act, the amount of $4,250,000 is hereby appropriated to the 
Department of Defense for "Operation and Maintenance, Navy". 
Such amount shall be used by the Secretary of the Navy only 
to make a grant in the amoimt of $4,250,000 to the Intrepid Sea- 
Air-Space Foundation only for the preservation of the former U.S.S. 
INTREPID (CV 11) as a museum and memorial. 

Sec. 8140. In addition to the amounts provided elsewhere in 
this Act, the amount of $6,000,000 is hereby appropriated to the 
Department of Defense for "Operation and Maintenance, Air Force". 
Such amount shall be used by the Secretary of the Air Force 
only to make a grant in the amount of $6,000,000 to the Medical 
Lake School District, Washington State school district number 326, 
for relocation of the Fairchild Air Force Base Elementary School 
within the boundary of Fairchild Air Force Base, Washington. 

Sec. 8141. In addition to the amovmts provided elsewhere in 
this Act, the amount of $3,500,000 is hereby appropriated to the 
Department of Defense for "Operation and Maintenance, Navy". 
Such amount shall be used by the Secretary of the Navy only 
to make a grant in the amount of $3,500,000 to the Central Kitsap 
School District, Washington State school district number 401, for 
the purchase and installation of eqviipment for a special needs 
learning center to meet the needs of Department of Defense special 
needs students at Submarine Base Bangor, Washington. 

Sec. 8142. (a) In addition to amounts provided elsewhere in 
this Act, the amount of $8,500,000 is hereby appropriated for "Oper- 
ation and Maintenance, Defense- Wide", to be available to the Sec- 
retary of Defense only for the purpose of making a grant for the 
purpose specified in section 8156 of the Department of Defense 
Appropriations Act, 2001 (Pubhc Law 106-259; 114 Stat. 707), 
as amended by subsection (b). Such grant shall be made not later Deadlhe. 
than 90 days after the date of the enactment of this Act. 

(b) Section 8156 of the Department of Defense Appropriations 
Act, 2001 (Public Law 106-259; 114 Stat. 707), is amended by 
striking the comma after "California" the first place it appears 
and all that follows through "96-8867)". 

Sec. 8143. (a) Activities Under Formerly Utilized Sites 
Remedlu. Action Program.— Subject to subsections (b) through 
(e) of section 611 of Public Law 106-60 (113 Stat. 502; 10 U.S.C. 
2701 note), the Secretary of the Army, acting through the Chief 
of Engineers, under the Formerly Utilized Sites Remedial Action 
Program shall undertake the functions and activities specified in 
subsection (a) of such section in order to — 



99 



115 STAT. 2302 PUBLIC LAW 107-1 17-JAN. 10, 2002 

CHAPTER 4 

DISTRICT OF COLUMBIA 

FEDERAL FUNDS 

Federal Payment to the District of Columbia for Protective 
Clothing and Breathing Apparatus 

For a FederiQ payment to the District of Columbia for protective 
clothing and breathing apparatus, to be obligated from amounts 
made available in Pubhc Law 107-38 and to remain available 
until September 30, 2003, $7,144,000, of which $922,000 is for 
the Fire and Emergency Medical Services Department, $4,269,000 
is for the Metropolitan Police Department, $1,500,000 is for the 
Department of Health, and $453,000 is for the Department of 
Public Works. 

Federal Payment to the District of Columbia for Specl\lized 
Hazardous Materials Equipment 

For a Federal pajonent to the District of Columbia for special- 
ized hazardous materials equipment, to be obUgated from amounts 
made available in PubUc Law 107-38 and to remain available 
until September 30, 2003, $1,032,000, for the Fire and Emergency 
Medical Services Department. 

Federal Payment to the District of Columbia for Chemical 
AND Biological Weapons Preparedness 

For a Federal payment to the District of Columbia for chemical 
and biological weapons preparedness, to be obligated from amounts 
made available in Public Law 107-38 and to remain available 
until September 30, 2003, $10,355,000, of which $205,000 is for 
the Fire and Emergency Medical Services Department, $258,000 
is for the Metropolitan PoUce Depeirtment, and $9,892,000 is for 
the Department of Health. 

Federal Payment to the District of Columbia for 
Pharmaceuticals for Responders 

For a Federed payment to the District of Colxunbia for pharma- 
ceuticals for responders, to be obhgated from amounts made avail- 
able in Public Law 107-38 and to remain avedlable until September 
30, 2003, $2,100,000, for the Department of Health. 

Federal Payment to the District of Columbia for Response 
AND Communications Capability 

For a Federal payment to the District of Columbia for response 
and communications capability, to be obhgated from amounts made 
available in PubUc Law 107-38 and to remain available until Sep- 
tember 30, 2003, $14,960,000, of which $7,755,000 is for the Fire 
and Emergency Medical Services Department, $5,855,000 is for 
the MetropoUtan Police Department, $113,000 is for the Department 
of Public Works Division of Transportation, $58,000 is for the Office 
of Property Management, $60,000 is for the Department of PubUc 
Works, $750,000 is for the Department of Health, $309,000 is 



100 



PUBLIC LAW 107-117— JAN. 10, 2002 115 STAT. 2303 

for the Department of Human Services, and $60,000 is for the 
Department of Parks and Recreation. 

Federal Payment to the District of Columbia for Search, 
Rescue and Other Emergency Equipment and Support 

For a Federal payment to the District of Columbia, to be 
obUgated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for search, rescue 
and other emergency equipment and support, $8,850,000, of which 
$5,442,000 is for the Metropohtan Pohce Department, $208,000 
is for the Fire and Emergency Medical Services Department, 
$398,500 is for the Department of Consumer and Regulatory Affairs, 
$1,178,500 is for the Department of Pubhc Works, $542,000 is 
for the Department of Human Services, and $1,081,000 is for the 
Department of Mental Health. 

Federal Payment to the District of Columbia for Equipment, 
Supplies and Vehicles for the Office of the Chief Medical 
Examiner 

For a Federal payment to the District of Columbia, to be 
obhgated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for equipment, sup- 
plies and vehicles for the Office of the Chief Medical Examiner, 
$1,780,000. 

Federal Payment to the District of Columbia for Hospital 
Containment Facilities for the Department of Health 

For a Federal pajntnent to the District of Colimibia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for hospital contain- 
ment facilities for the Department of Health, $8,000,000. 

Federal Payment to the District of Columbia for the Office 
of the Chief Technology Officer 

For a Federal payment to the District of Colvunbia, to be 
obligated from amoimts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for the Office of 
the Chief Technology Officer, $45,494,000, for a first response land- 
line and wireless interoperability project, of which $1,000,000 shall 
be used to initiate a comprehensive review, by a non-vendor con- 
tractor, of the District's current technology-based systems and to 
develop a plan for integrating the communications systems of the 
District of Columbia Metropolitan Pohce and Fire and Emergency 
Medical Services Departments with the systems of local, regional 
and Federal law enforcement agencies, including but not limited 
to the United States Capitol Police, United States Park Police, 
United States Secret Service, Federal Bureau of Investigation, Fed- 
eral Protective Service, and the Washington Metropolitan Area 
Transit Authority Pohce: Provided, That such plan shall be sub- Deadlfae. 
mitted to the Committees on Appropriations of the Senate and 
the House of Representatives no later than June 15, 2002. 



101 



115 STAT. 2310 PUBLIC LAW 107-117— JAN. 10, 2002 

CHAPTER 6 

Bilateral Economic Assistance 

Funds Appropri ated to the President 

United States Agency for International Development 

international disaster assistance 

For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "International Disaster 
Assisteince", $50,000,000, to remain available until expended, to 
be obUgated from amounts made available in PubUc Law 107- 
38, for humanitarian and reconstruction activities in Afghanistan. 

CHAPTER 7 

DEPARTMENT OF THE INTERIOR 

National Park Service 

operation of the national park system 

For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Operation of the National 
Park System", $10,098,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107- 
38. 

UNITED STATES PARK POLICE 

For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for the "United States Park 
Police", $25,295,000, to remain available until expended, to be obh- 
gated from amounts made available in Public Law 107-38. 

CONSTRUCTION 

For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Construction", 
$21,624,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38: Provided, 
That notwithstanding any other provision of law, singl e but separate 
procurements for the construction of security improvements at the 
Washington Monument, for security improvements at the Lincoln 
Memorial, and for security improvements at the Jefferson Memorial, 
may be issued that include the full scope of each project, except 
that each solicitation and contract shall contain the clause "avail- 
ability of funds" foimd at section 52.232.18 of title 48, Code of 
Federal Regulations. 

DEPARTMENTAL OFFICES 

DEPARTMENTAL MANAGEMENT 

SALARIES AND EXPENSES 

For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Salaries and Expenses", 



102 



PUBLIC LAW 107-117-JAN. 10, 2002 



115 STAT. 2343 



Sec. 104. (a) The section 302(a) allocations, as adjusted pvirsu- 
ant to section 101(b), shall be deemed to be allocations set forth 
in the joint explanatory statement of managers accompanying the 
concurrent resolution on the budget for fiscal year 2002 for all 
purposes under titles III and IV of the Congressional Budget Act 
of 1974. 

(b) Repealer. — Section 221(d)(2) of the concurrent resolution 
on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 
1st session) is repealed. 

DIVISION D— MISCELLANEOUS PROVISIONS 

TITLE I— CONVEYANCE OF HOMESTAKE 

MINE 

SEC. 101. SHORT TITLE. 

This title may be cited as the "Homestake Mine Conveyance 
Act of 2001". 

SEC. 102. FINDINGS. 

Congress finds the following: 

(1) The United States is among the leading nations in 
the world in conducting basic scientific research. 

(2) That leadership position strengthens the economy and 
national defense of the United States and provides other impor- 
tant benefits. 

(3) The Homestake Mine in Lead, South Dakota, owned 
by the Homestake Mining Company of California, is approxi- 
mately 8,000 feet deep and is situated in a unique physical 
setting that is ideal for carrying out certain types of particle 
physics and othe r research. 

(4) The Mine has been selected by the National Under- 
grovmd Science Laboratory Committee, an independent panel 
of distinguished scientists, as the preferred site for the construc- 
tion of the National Undergroxind Science Laboratory. 

(5) Such a laboratory would be used to conduct scientific 
research that would be funded and recognized as significant 
by the United States. 

(6) The establishment of the laboratory is in the national 
interest and would substantially improve the capability of the 
United States to conduct important scientific research. 

(7) For economic reasons, Homestake intends to cease oper- 
ations at the Mine in 2001. 

(8) On cessation of operations of the Mine, Homestake 
intends to implement reclamation actions that would preclude 
the estabhshment of a laboratory at the Mine. 

(9) Homestake has advised the State that, after cessation 
of operations at the Mine, instead of closing the entire Mine, 
Homestake is willing to donate the underground portion of 
the Mine and certain other real and personal property of 
substantial value at the Mine for use as the National Under- 
ground Science Laboratory. 

(10) Use of the Mine as the site for the laboratory, instead 
of other locations under consideration, would result in a savings 
of millions of doUsu-s for the Federal Government. 



HomestakeMine 
Conveyance Act 
of 2001. 
South Dakota. 
Califomia. 



103 



PUBLIC LAW 107-117— JAN. 10, 2002 115 STAT. 2353 

SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY. 

After the conveyance, nothing in this title exempts the labora- 
tory from compliance with any law (including a Federal environ- 
mental law). 

SEC. 111. CONTINGENCY. 

This title shall be effective contingent on approval by the 
National Science Board and the making of an award oy the National 
Science Foundation for the establishment of the laboratory at the 
Mine. 

SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE. 

If the conveyance under this title does not occur, any obligation 
of Homestake relating to the Mine shall be limited to such reclama- 
tion or remediation as is required under any applicable law other 
than this title. 

SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS. 

The United States may seek payment — 

(1) from the Fund, under section 108(d), to pay or reimburse 
the United States for amounts payable or liabilities incurred 
under this title; and 

(2) from available insurance, to pay or reimburse the 
United States and the Fund for amounts payable or liabilities 
incurred under this title. 

SEC. 114. CONSENT DECREES. 

Nothing in this title affects any obUgation of a party under — 

(1) the 1990 Remedial Action Consent Decree (Civ. No. 
90-5101 D. S.D.); or 

(2) the 1999 Natural Resource Damage Consent Decree 
(Civ. Nos. 97-5078 and 97-5100, D. S.D.). 

SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 
necessary to carry out this title. 

SEC. 116. CONGRESSIONAL BUDGET ACT. 

NotMnthstanding Rule 3 of the Budget Scorekeeping Guidelines 
set forth in the joint explanatory statement of the committee of 
conference accompanying Conference Report 105-217, the provisions 
of this title that would have been estimated by the Office of Manage- 
ment and Budget as changing direct spending or receipts under 
section 252 of tlie Balanced Budget and Emergency Deficit Control 
Act of 1985 were it included in an Act other than an appropriations 
Act shall be treated as direct spending or receipts legislation, as 
appropriate, under section 252 of the Balanced Budget and Emer- 
gency Deficit Control Act of 1985, and by the Chairmen of the 
House and Senate Budget Committees, as appropriate, under the 
Congressional Budget Act. 

TITLE II— GENERAL PROVISION, THIS DIVISION 

Sec. 201. Trustees of the John F. Kennedy Center for 
THE Performing Arts, (a) Membership.— Section 2(a) of the John 
F. Kennedy Center Act (20 U.S.C. 76h(a)) is amended— 

(1) by striking 'There is hereby" and inserting the fol- 
lowing: 

"(1) In general.— There is"; and 



104 



115 STAT. 2354 PUBLIC LAW 107-117— JAN. 10, 2002 

(2) by striking the second sentence and inserting the fol- 
lowing: 

"(2) Membership.— The Board shall be composed of— 

"(A) the Secretary of Health emd Human Services; 

"(B) the Librarian of Congress; 

"(C) the Secretary of State; 

"(D) the Chairman of the Commission of Fine Arts; 

"(E) the Mayor of the District of Columbia; 

"(F) the Superintendent of Schools of the District of 
Columbia; 

"(G) the Director of the National Park Service; 

"(H) the Secretary of Education; 

"(I) the Secretary of the Smithsonian Institution; 

"(J)(i) the Speaker and the Minority Leader of the 
House of Representatives; 

"(ii) the chairman and ranking minority member of 
the Committee on PubUc Works and Transportation of 
the House of Representatives; and 

"(iii) three additional Members of the House of Rep- 
resentatives appointed by the Speaker of the House of 
Representatives ; 

"(KXi) the Majority Leader and the Minority Leader 
of the Senate; 

"(ii) the chairman and ranking minority member of 
the Committee on Environment and Public Works of the 
Senate; and 

"(iii) three additional Members of the Senate appointed 
by the President of the Senate; and 

"(L) thirty-six general trustees, who shall be citizens 
of the United States, to be appointed in accordance with 
subsection (b).". 

AppUcability. (b) TERMS OF OFFICE FOR NEW GENERAL TRUSTEES.— Section 

20 use 76h note. 2(b) of the John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall 
apply to each general trustee of the John F. Kennedy Center for 
the Performing Arts whose position is established by the amend- 
ment made by subsection (aX2) (referred to in this subsection as 
a "new general trustee"), except that the initial term of office 
of each new general trustee shall — 

Effective date. (1) commence on the date on which the new general trustee 

PfeeidenL ig appointed by the President; and 

Termination (2) terminate on September 1, 2007. 

date. 



105 



PUBLIC LAW 107-117— JAN. 10, 2002 115 STAT. 2355 

This Act may be cited as the "Department of Defense and 
Emergency Supplemental Appropriations for Recovery from and 
Response to Terrorist Attacks on the United States Act, 2002". 

Approved January 10, 2002. 



LEGISLATIVE HISTORY— H.R. 3338: 

HOUSE REPORTS: Nos. 107-298 (Comm. on Appropriations) and 107-350 

(Comm. of Conference). 
SENATE REPORTS: No. 107-109 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 

Nov. 28, considered and passed House. 

Dec. 6, 7, considered and passed Senate, amended. 

Dec. 20, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 

Jan. 10, Presidential remarks and statement. 



o 



106 



PUBLIC LAW 107-137— FEB. 6, 2002 



116 STAT. 3 



Public Law 107-137 
107th Congress 



An Act 



To authorize the Secretary of the Interior to establish the Ronald Reagan Boyhood 
Home National Historic Site, and for other purposes. 



Feb. 6, 2002 
[H.R. 400] 



Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Illinois. 

16 use 461 note. 
SECTION 1. RONALD REAGAN BOYHOOD HOME NATIONAL HISTORIC 

SITE. 

(a) Acquisition of Property. — As soon as practicable after 
the date of the enactment of this Act, the Secretary shall purchase 
with donated or appropriated fiinds, at fair market value and from 
a willing owner only, fee simple, unencumbered title to the Property 
and to any personal property related to the Property which the 
Secretary determines to be appropriate for the purposes of this 
Act. 

Ob) Establishment of Historic Site.— After the Property is 
acquired by the Secretary, the Secretary shall designate the Prop- 
erty as the Ronald Reagan Boyhood Home National Historic Site. 

(c) Land Description. — The Secretary shall ensure that a copy 
of the land description referred to in section 2(2) is on file and 
available for pubhc inspection in the appropriate offices of the 
National Park Service. 

(d) Management of Historic Site. — 

(1) Cooperative agreement.— The Secretary shall enter 
into a cooperative agreement with the Ronald Reagan Boyhood 
Home Foundation for the management, operation, and use of 
the Historic Site. The cooperative agreement shall provide for 
the preservation of the Property in a manner that preserves 
the historical significance thereof and upon such terms and 
conditions as the Secretary considers necessary to protect the 
interests of the United States. 

(2) General management plan.— Not later than 2 years DeadUne. 
after the date of the enactment of this Act, the Secretary, 

in consultation with the Ronald Reagan Boyhood Home Founda- 
tion, shall complete a general management plan for the Historic 
Site that defines the role and responsibUity of the Secretary 
with regard to the interpretation and the preservation of the 
Historic Site. 

(e) Applicability of Other Laws.— The Secretary shaU admin- 
ister the Historic Site in accordance with the provisions of this 
Act and the provisions of laws generally appUcable to national 
historic sites, including the Act entitled "An Act to estabhsh a 
National Park Service, and for other purposes", approved Augfust 
25, 1916 (16 U.S.C. 1-4), and the Act entitled "An Act to provide 
for the preservation of historic American sites, buildings, objects 



107 



116 STAT. 4 PUBLIC LAW 107-137— FEB. 6, 2002 

and antiquities of national significance, and for other purposes", 
approved August 21, 1935 (16 U.S.C. 461 et seq.). 

SEC. 2. DEFINITIONS. 

For the purposes of this Act, the following definitions apply: 

(1) The term "Historic Site" means the Ronald Reagan 
Boyhood Home National Historic Site. 

(2) The term "Property" means the property commonly 
known as the Ronald Reagan Boyhood Complex located in 
Dixon, Illinois, (including any structures thereon), further 
described as follows: 

The North Half (Ny2) of Lot Three (3), Block One 
Hundred and Three (103), of the original Town (now City) 
of Dixon, Lee County, Illinois, and more commonly known 
as 816 South Hennepin Avenue, Dixon, Illinois. (Reagsm 
Boyhood Home) 

The South Half (8^2) of Lot Two (2), Block One Hun- 
dred and Three (103), of the original Town (now City) 
of Dixon, Lee County, IlUnois, and more commonly known 
as 810 South Hennepin Avenue, Dixon, Illinois. (Visitors 
Center) 

The South two-thirds (S%rds) of Lot Four (4) in Block 
One Hundred Three (103) in the original Town (now City) 
of Dixon, Lee County, Illinois, and more commonly known 
as 821 South Galena Avenue, Dixon, IlUnois. (Peirking Lot) 

The Westerly Ninety feet of the Southerly One half 
(Sy2) of Lot 3 in Block 103 in the Town (now City) of 
Dixon, Lee County, Illinois. (Park with statue of President 
Reagan) 

Legal title to all of the foregoing is: Fifth Third Bank, 
as successor trustee to First Bank/Dixon (later known as 
Grand Premier Trust) as trustee under Trust Agreement 
dated August 15, 1980 and known as Trust No. 440. 

Said property is also located within £in historical dis- 
trict created by the City of Dixon pursuant to Ordinance 
No. 1329 dated June 16, 1986 as amended. The historical 
district was created pursuant to Title VI, Chapter 16 of 
the City Code of the City of Dixon. 



108 



PUBLIC LAW 107-137— FEB. 6, 2002 116 STAT. 5 

(3) The term "Secretary" means the Secretary of the 
Interior. 

Approved February 6, 2002. 



LEGISLATIVE HISTORY— H.R. 400: 

HOUSE REPORTS: No. 107-268 (Comm. on Resources). 
CONGRESSIONAL RECORD: 

Vol. 147 (2001): Nov. 13, considered and passed House. 

Vol. 148 (2002): Jan. 29, considered and passed Senate. 



O 



109 



116 STAT. 134 



PUBLIC LAW 107-171— MAY 13, 2002 



Public Law 107-171 
107th Congress 



May 13, 2002 
[H.R. 2646] 



FarmSecuriy 

andRxiral 

Investment Act 

of2002. 

7 use 7901 note 



An Act 



To provide for the continuation of agricultural programs through fiscal year 2007, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS, 

(a) Short Title.— This Act may be cited as the "Farm Security 
and Rural Investment Act of 2002". 

(b) Table of Contents .—The table of contents of this Act 
is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I— COMMODITY PROGRAMS 

Sec. 1001. Definitions. 

Subtitle A — Direct Payments and Counter-Cyclical Payments 

Sec. 1101. Establishment of base acres and payment acres for a farm. 

Sec. 1102. Establishment of payment yield. 

Sec. 1103. Availability of direct payments. 

Sec. 1104. Availability of coimter-cyclical payments. 

Sec. 1105. Producer agreement requirea as condition of provision of direct 

payments and counter-cyclical payments. 
Sec. 1106. Planting flexibility. 
Sec. 1107. Relation to remaining payment authority under production flexibility 

contracts. 
Sec. 1108. Period of effectiveness. 

Subtitle B — ^Marketing Assistance Loans and Loan Deficiency Payments 

Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commod- 
ities. 

Sec. 1202. Loan rates for nonrecourse marketing assistance loans. 

Sec. 1203. Term of loans. 

Sec. 1204. Repayment of loans. 

Sec. 1205. Loan deficiency payments. 

Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage. 

Sec. 1207. Special msirketing loan provisions for upland cotton. 

Sec. 1208. Special competitive provisions for extra long staple cotton. 

Sec. 1209. Availability of recourse loans for high moisture feed grains and seed 
cotton. 

Subtitle C — Peanuts 

Sec. 1301. Definitions. 

Sec. 1302. Establishment of payment yield and base acres for peanuts for a farm. 

Sec. 1303. Availability of direct payments for peanuts. 

Sec. 1304. Avfdlability of counter-cyclical payments for peanuts. 

Sec. 1305. Producer agreement requirea as condition on provision of direct 

payments and counter-cyclical payments. 
Sec. 1306. Planting flexibility. 

Sec. 1307. Marketmg assistance loans and loan deficiency payments for peanuts. 
Sec. 1308. Miscellaneous provisions. 
Sec. 1309. Termination of^ marketing quota programs for peanuts and compensation 

to peanut quota holders for loss of quota asset value. 



110 



PUBLIC LAW 107-171— MAY 13, 2002 116 STAT. 141 

TITLE Vin— FORESTRY 
Subtitle A — Cooperative Forestry Assistance Act of 1978 

Sec. 8001. Repeal of forestry incentives program and stewardship incentive pro- 

fram. 
stablishment of forest land enhancement program. 
Sec. 8003. Enhanced community fire protection. 

Subtitle B — ^Amendments to Other Laws 

Sec. 8101. Sustainable forestry outreach initiative; renewable resources extension 

activities. 
Sec. 8102. Office of International Forestry. 

Subtitle C — ^Miscellaneous Provisions 

Sec. 8201. Mclntire-Stennis cooperative forestry research program. 

TITLE EX— ENERGY 

Sec. 9001. Definitions. 

Sec. 9002. Federal procurement of biobased products. 

Sec. 9003. Biorefineiy development grants. 

Sec. 9004. Biodiesel fuel education program. 

Sec. 9005. Energy audit and renewable energy development program. 

Sec. 9006. Renewable energy systems and energy efficiency improvements. 

Sec. 9007. Hydrogen and fuel cell technologies. 

Sec. 9008. Biomass research and development. 

Sec. 9009. Cooperative research and extension projects. 

Sec. 9010. Continuation of bioenergy program. 

TITLE X— MISCELLANEOUS 

Subtitle A — Crop Insurance 

Sec. 10001. Equal crop insurance treatment of potatoes and sweet potatoes. 

Sec. 10002. Continuous coverage. 

Sec. 10003. Quedity loss adjustment procedures. 

Sec. 10004. Adjusted gross revenue insurance pilot program. 

Sec. 10005. Sense of Congress on expansion of crop insuremce coverage. 

Sec. 10006. Report on specialty crop insurance. 

Subtitle B — Disaster Assistance 

Sec. 10101. Reference to sea grass and sea oats as crops covered by noninsured 
crop disaster assistance program. 

Sec. 10102. Emergency grants to assist low-income migrant and seasonal farm- 
workers. 

Sec. 10103. Emergency loans for seed producers. 

Sec. 10104. Assistance for livestock producers. 

Sec. 10105. Market loss assisttmce for apple producers. 

Sec. 10106. Market loss assistance for onion producers. 

Sec. 10107. Commercial fisheries failure. 

Sec. 10108. Study of feasibility of producer indemnification fi-om Government- 
caused disasters. 

Subtitle C — ^Tree Assistance Program 

Sec. 10201. Definitions. 

Sec. 10202. Eligibility. 

Sec. 10203. Assistance. 

Sec. 10204. Limitations on assistance. 

Sec. 10205. Authorization of appropriations. 

Subtitle D— Animal Welfare 

Sec. 10301. Definition of animal under the Animal Welfare Act. 

Sec. 10302. Prohibition on interstate movement of animals for animal fighting. 

Sec. 10303. Penalties and foreign commerce provisions of the Animal Welfare Act. 

Sec. 10304. Report on rats, mice, and birds. 

Sec. 10305. Enforcement of Humane Methods of Slaughter Act of 1958. 

Subtitle E — ^Animal Health Protection 

Sec. 10401. Short title. 

Sec. 10402. Findings. 

Sec. 10403. Definitions. 

Sec. 10404. Restriction on importation or entry. 



Ill 



116 STAT. 142 PUBLIC LAW 107-171— MAY 13, 2002 

Sec. 10405. Exportation. 

Sec. 10406. Interstate movement. 

Sec. 10407. Seizure, quarantine, and disposal. 

Sec. 10408. Inspections, seiz\ires, and warrants. 

Sec. 10409. Detection, control, and eradication of diseases and pests. 

Sec. 10410. Veterinary accreditation program. 

Sec. 10411. Cooperation. 

Sec. 10412. Reimbursable agreements. 

Sec. 10413. Administration and claims. 

Sec. 10414. Penalties. 

Sec. 10415. Enforcement. 

Sec. 10416. Regulations and orders. 

Sec. 10417. Authorization of appropriations. 

Sec. 10418. Repeals and conforming amendments. 

Subtitle F — Livestock 

Sec. 10501. Transportation of poultry and other animals. 

Sec. 10502. Swine contractors. 

Sec. 10503. Right te discuss terms of contract. 

Sec. 10504. Veterinary training. 

Sec. 10505. Pseudorabies eradication program. 

Subtitle G — Specialty Crops 

Sec. 10601. Marketing orders for caneberries. 

Sec. 10602. Availability of section 32 funds. 

Sec. 10603. Purchase of specialty crops. 

Sec. 10604. Protection for purchasers of farm products. 

Sec. 10605. Farmers' market promotion program. 

Sec. 10606. National organic certification cost-share program. 

Sec. 10607. Exemption of certified organic products from assessments. 

Sec. 10608. Cranberry acreage reserve program. 

Subtitle H — ^Administration 

Sec. 10701. Initial rate of basic pay for employees of county committees. 

Sec. 10702. Commodity Futures Trading Cfommission pay comparability. 

Sec. 10703. Overtime and holiday pay. 

Sec. 10704. Assistant Secretary of Agriculture for Civil Rights. 

Sec. 10705. Operation of Graduate School of Department of Agriculture. 

Sec. 10706. Implementation funding and information management. 

Sec. 10707. Outreach and assistance for socially disadvantaged farmers and ranch- 
ers. 

Sec. 10708. Transparency and accoimtability for socially disadvantaged farmers 
and ranchers; public disclosure requirements for county committee elec- 
tions. 

Subtitle I — General Provisions 

Sec. 10801. Cotton classification services. 

Sec. 10802. Program of public education regarding use of biotechnology in pro- 
ducing food for human consumption. 

Sec. 10803. Chino Dairy Preserve Project. 

Sec. 10804. Grazinglands Research Laboratory. 

Sec. 10805. Food and Agricultural Policy Research Institute. 

Sec. 10806. Market names for catfish and ginseng. 

Sec. 10807. Food Safety Commission. 

Sec. 10808. Pasteurization. 

Sec. 10809. Rulemaking on labeling of irradiated food; certain petitions. 

Sec. 10810. Penalties for violations of Plant Protection Act. 

Sec. 10811. Preclearance quarantine inspections. 

Sec. 10812. Connecticut River Atlantic Salmon Commission. 

Sec. 10813. Pine Point School. 

Sec. 10814. 7-month extension of chapter 12 of title 11 of the United States Code. 

Sec. 10815. Practices involving nonambvdatory livestock. 

Sec, 10816. Country of origin labeling. 

Subtitle J — Miscellfmeous Studies and Reports 

Sec. 10901. Report on specialty crop purchases. 

Sec. 10902. Report on pouched and canned salmon. 

Sec. 10903. Study on updating yields. 

Sec. 10904. Report on effect of farm program payments. 

Sec. 10905. Chiloquin Dam fish passage feasibility study. 



112 



116 STAT. 486 PUBLIC LAW 107-171— MAY 13, 2002 

(C) Quarterly payments.— The Secretary shall make 
payments to an eligible producer for each quarter of the 
fiscal year. 

(4) Proration. — If the amount made available for a fiscal 
year under subsection (c) is insufficient to allow the payment 
of the amount of the payments that ehgible producers (that 
apply for the payments) otherwise would receive under this 
subsection, the Secretary shall prorate the amount of the funds 
among all such eligible producers. 

(5) Overpayments. — If the total amount of payments that 
an ehgible producer receives for a fiscal year under this section 
exceeds the amount that the ehgible producer should have 
received under this subsection, the eligible producer shall repay 
the amount of the overpajmaent to the Secretary, with interest 
(as determined by the Secretary). 

(6) Limitation. — No ehgible producer shall receive more 
than 5 percent of the total amotmt made available vmder sub- 
section (c) for a fiscal year. 

(7) Other requirements. — To be ehgible to receive a pay- 
ment under this subsection, an eligible producer shall meet 
other requirements of Federal law (including regulations) 
applicable to the production of bioenergy. 

(c) Funding. — Of the funds of the Commodity Credit Corpora- 
tion, the Secretary shall use to carry out this section — 

(1) not more than $150,000,000 for each of fiscal years 
2003 through 2006; and 

(2) $0 for fiscal year 2007. 

TITLE X— MISCELLANEOUS 
Subtitle A — Crop Insurance 

SEC. 10001. EQUAL CROP INSURANCE TREATMENT OF POTATOES AND 
SWEET POTATOES. 

Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C. 
1508(a)(2)) is amended in the first sentence by striking "and pota- 
toes" and inserting ", potatoes, and sweet potatoes". 

SEC. 10002. CONTINUOUS COVERAGE. 

Section 508(e)(4) of the Federal Crop Insurance Act (7 U.S.C. 
1508(e)(4)) is amended— 

(1) in the paragraph heading, by striking "TEMPORARY 
PROfflBlTlON" and inserting "PROHIBITION"; and 

(2) by striking "through 2005" and inserting "and subse- 
quent". 

SEC. 10003. QUALITY LOSS ADJUSTMENT PROCEDURES. 

Section 508(m) of the Federal Crop Insurance Act (7 U.S.C. 
1508(m)) is amended — 

(1) in paragraph (3) — 

(A) by striking "The Corporation" and inserting the 
following: 

"(A) Review.— The Corporation"; and 

(B) by striking "Based on" and inserting the following: 
Effective date. "(B) PROCEDURES. — Effective beginning not later than 

the 2004 reinsurance year, based on"; and 



113 



116 STAT. 494 PUBLIC LAW 107-171— MAY 13, 2002 

(2) fully enforce Public Law 85-765 by ensuring that 
humane methods in the slaughter of hvestock — 

(A) prevent needless suffering; 

(B) result in safer and better working conditions for 
persons engaged in slaughtering operations; 

(C) bring about improvement of products and econo- 
mies in slaughtering operations; and 

(D) produce other benefits for producers, processors, 
and consumers that tend to expedite an orderly flow of 
livestock and livestock products in interstate and foreign 
commerce. 

(b) United States Poucy.— It is the poUcy of the United 
States that the slaughtering of hvestock and the handling of live- 
stock in connection with slaughter shall be carried out only by 
humane methods, as provided by Public Law 85-765. 

Animal Health Sub title E — ^Anlnial Health Protection 

Protection Act. 

7 use 8301 note SEC. 10401. SHORT TITLE. 

This subtitle may be cited as the "Animal Health Protection 
Act". 

7 use 8301. SEC. 10402. FINDINGS. 

Congress finds that — 

(1) the prevention, detection, control, and eradication of 
diseases and pests of animals are essential to protect — 

(A) animal health; 

(B) the health and welfare of the people of the United 
States; 

(C) the economic interests of the livestock and related 
industries of the United States; 

(D) the environment of the United States; and 

(E) interstate commerce and foreign commerce of the 
United States in animals and other articles; 

(2) animal diseases and pests are primarily transmitted 
by animals and articles regulated under this subtitle; 

(3) the health of animals is affected by the methods by 
which animals and articles are transported in interstate com- 
merce and foreign commerce; 

(4) the Secretary must continue to conduct research on 
animal diseases and pests that constitute a threat to the live- 
stock of the United States; and 

(5)(A) all animals and articles regulated under this subtitle 

are in or affect interstate commerce or foreign commerce; and 

(B) regulation by the Secretary and cooperation by the 

Secretary with foreign countries, States or other jurisdictions, 

or persons are necess ary — 

(i) to prevent and eliminate burdens on interstate com- 
merce and foreign commerce; 

(ii) to regulate effectively interstate commerce and for- 
eign commerce; and 

(iii) to protect the agriculture, environment, economy, 
and health and welfare of the people of the United States. 

7 use 8302. SEC. 10403. DEFINITIONS. 

In this subtitle: 



114 



PUBLIC LAW 107-171— MAY 13, 2002 116 STAT. 495 

(1) Animal. — The term "animal" means any member of 
the animal kingdom (except a human). 

(2) Article. — The term "article" means any pest or disease 
or any material or tangible object that could harbor a pest 
or disease. 

(3) Disease. — The term "disease" has the meaning given 
the term by the Secretary. 

(4) Enter. — The term "enter" means to move into the com- 
merce of the United States. 

(5) Export. — The term "export" means to move from a 
place within the territorial limits of the United States to a 
place outside the territorial Umits of the United States. 

(6) Facility. — The term "facility" means any structure. 

(7) Import. — The term "import" means to move from a 
place outside the territorial limits of the United States to 
a place within the territorial limits of the United States. 

(8) INDL^N TRIBE. — The term "Indian tribe" has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 

(9) Interstate commerce.— The term "interstate com- 
merce" means trade, traffic, or other commerce — 

(A) between a place in a State and a place in another 
State, or between places within the same State but through 
any place outside that State; or 

(B) within the District of Colvunbia or any territory 
or possession of the United States. 

(10) Livestock.— The term "livestock" means all farm- 
raised animals. 

(11) Means of conveyance.— The term "means of convey- 
ance" means any personal property used for or intended for 
use for the movement of any other personal property. 

(12) Move. — The term "move" means— 

(A) to carry, enter, import, mail, ship, or transport; 

(B) to aid, abet, cause, or induce carrying, entering, 
importing, mailing, shipping, or transporting; 

(C) to offer to carry, enter, import, mail, ship, or trans- 
port; 

(D) to receive in order to carry, enter, import, mail, 
ship, or transport; 

(E) to release into the environment; or 

(F) to allow any of the activities described in this 
paragraph. 

(13) Pest. — The term "pest" means any of the following 
that can directly or indirectly injure, cause demiage to, or cause 
disease in livestock: 

(A) A protozoan. 

(B) A plant. 

(C) A bacteria. 

(D) A fungus. 

(E) A virus or viroid. 

(F) An infectious agent or other pathogen. 

(G) An arthropod. 
(H) A parasite. 
(I) A prion. 

(J) A vector. 

(K) Any organism similar to or allied with any of 
the organisms described in this paragraph. 



115 



116 STAT. 496 PUBLIC LAW 107-171— MAY 13, 2002 

(14) Secretary.— The term "Secretary" means the Sec- 
retary of Agriculture. 

(15) State.— The term "State" means any of the States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, the Commonwealth of the Northern Mariana Islands, 
the Virgin Islands of the United States, or any territory or 
possession of the United States. 

(16) Tras subtitle. — Except when used in this section, 
the term "this subtitle" includes any regulation or order issued 
by the Secretary under the authority of this subtitle. 

(17) United states.— The term "United States" means all 
of the States. 

7 use 8303. SEC. 10404, RESTRICTION ON IMPORTATION OR ENTRY. 

(a) In General. — With notice to the Secretary of the Treasury 
and pubhc notice as soon as practicable, the Secretary may prohibit 
or restrict — 

(1) the importation or entry of any animal, article, or 
means of conveyance, or use of any means of conveyance or 
facility, if the Secretary determines that the prohibition or 
restriction is necessary to prevent the introduction into or 
dissemination within the United States of any pest or disease 
of Uvestock; 

(2) the further movement of any animal that has strayed 
into the United States if the Secretary determines that the 
prohibition or restriction is necessary to prevent the introduc- 
tion into or dissemination within the United States of any 
pest or disease of livestock; and 

(3) the use of any means of conveyance in connection with 
the importation or entry of Uvestock if the Secretary determines 
that the prohibition or restriction is necessary because the 
means of conveyance has not been maintained in a clean and 
sanitary condition or does not have accommodations for the 
safe and proper movement of hvestock. 

(b) Regulati ons.— 

(1) Restrictions on import and entry.— The Secretary 
may issue such orders and promulgate such regulations as 
are necessary to carry out subsection (a). 

(2) Post importation quarantine.— The Secretary may 
promulgate regulations requiring that any animal imported 
or entered be raised or handled imder post-importation quar- 
antine conditions by or imder the supervision of the Secretary 
for the purpose of determining whether the animal is or may 
be affected by any pest or disease of livestock. 

(c) Destruction or Removal.— 

(1) In general. — The Secretary may order the destruction 
or removal from the United States of — 

(A) any animal, article, or means of conveyance that 
has been imported but has not entered the United States 
if the Secretary determines that destruction or removal 
from the United States is necessary to prevent the introduc- 
tion into or dissemination within the United States of 
any pest or disease of livestock; 

(B) any animal or progeny of any animal, article, or 
means of conveyance that has been imported or entered 
in violation of this subtitle; or 



116 



PUBLIC LAW 107-171— MAY 13, 2002 116 STAT. 497 

(C) any animal that has strayed into the United States 
if the Secretary determines that destruction or removal 
from the United States is necessary to prevent the introduc- 
tion into or dissemination within the United States of 
any pest or disease of livestock. 
(2) Requirements of owners.— 

(A) Orders to disinfect. — The Secretary may require 
the disinfection of — 

(i) a means of conveyemce used in connection with 
the importation of an animal; 

(ii) an individual involved in the importation of 
an animal and personal articles of the individual; and 

(iii) any article used in the importation of an 
animal. 

(B) Failure to comply with orders.— If an owner 
fails to comply with an order of the Secretary under this 
section, the Secretary may — 

(i) take remedial action, destroy, or remove from 
the United States the animal or progeny of any animal, 
article, or means of conveyance as authorized under 
paragraph (1); and 

(ii) recover from the owner the costs of any care, 
handling, disposal, or other action incurred by the 
Secretary in connection with the remedial action, 
destruction, or removal. 

SEC. 10405. EXPORTATION. 7 USC 8304. 

(a) In General. — The Secretary may prohibit or restrict — 

(1) the exportation of any animal, article, or means of 
conveyance if the Secretary determines that the prohibition 
or restriction is necessary to prevent the dissemination from 
or within the United States of any pest or disease of Uvestock; 

(2) the exportation of any livestock if the Secretary deter- 
mines that the livestock is unfit to be moved; 

(3) the use of any means of conveyance or facihty in connec- 
tion with the exportation of any animal or article if the Sec- 
retary determines that the prohibition or restriction is nec- 
essary to prevent the dissemination from or within the United 
States of any pest or disease of livestock; or 

(4) the use of any means of conveyance in connection with 
the exportation of livestock if the Secretary determines that 
the prohibition or restriction is necessary because the means 
of conveyance has not been maintained in a clean and sanitary 
condition or does not have accommodations for the safe and 
proper movement and hmnane treatment of livestock. 

(b) Requirements of Owners.— 

(1) Orders to disinfect. — The Secretary may require the 
disinfection of — 

(A) a means of conveyance used in connection with 
the exportation of an animal; 

(B) an individual involved in the exportation of an 
animal and personal articles of the individual; and 

(C) any article used in the exportation of an animal. 

(2) Failure to comply with orders.— If an owner fails 
to comply with an order of the Secretary vmder this section, 
the Secretary may — 



117 



116 STAT. 498 PUBLIC LAW 107-171— MAY 13, 2002 

(A) take remedial action with respect to the animal, 
article, or means of conveyance referred to in paragraph 
(1); and 

(B) recover from the owner the costs of any care, han- 
dling, disposal, or other action incurred by the Secretary 
in connection with the remedial action. 

(c) Certification. — The Secretary may certify the classifica- 
tion, quality, quantity, condition, processing, handling, or storage 
of any animal or article intended for export. 

7 use 8305. SEC. 10406. INTERSTATE MOVEMENT. 

The Secretary may prohibit or restrict — 

(1) the movement in interstate commerce of any animal, 
article, or means of conveyance if the Secretary determines 
that the prohibition or restriction is necessary to prevent the 
introduction or dissemination of any pest or disease of hvestock; 
and 

(2) the use of any means of conveyance or facility in connec- 
tion with the movement in interstate commerce of any animal 
or article if the Secretary determines that the prohibition or 
restriction is necessary to prevent the introduction or dissemi- 
nation of any pest or disease of livestock. 

7 use 8306. SEC. 10407. SEIZURE, QUARANTINE, AND DISPOSAL. 

(a) In General. — The Secretary may hold, seize, quarantine, 
treat, destroy, dispose of, or take other remedial action with respect 
to— 

(1) any animal or progeny of any animal, article, or means 
of conveyance that — 

(A) is moving or has been moved in interstate com- 
merce or has been imported and entered; and 

(B) the Secretary has reason to believe may carry, 
may have carried, or may have been affected with or 
exposed to any pest or disease of livestock at the time 
of movement or that is otherwise in violation of this sub- 
title; 

(2) any animal or progeny of any animal, article, or means 
of conveyance that is moving or is being handled, or has moved 
or has been handled, in interstate commerce in violation of 
this subtitle; 

(3) any animal or progeny of any animal, article, or means 
of conveyance that has been imported, and is moving or is 
being handled or has moved or has been handled, in violation 
of this subtitle; or 

(4) any animal or progeny of any animal, article, or means 
of conveyance that the Secretary finds is not being maintained, 
or has not been maintained, in accordance with any post- 
importation quarantine, post-importation condition, post-move- 
ment quarantine, or post-movement condition in accordance 
with this subtitle. 

(b) EXTRAORDINARY EMERGENCIES.— 

(1) In GENERAL. — Subject to paragraph (2), if the Secretary 
determines that an extraordinary emergency exists because 
of the presence in the United States of a pest or disease 
of livestock and that the presence of the pest or disease 
threatens the livestock of the United States, the Secretary 
may- 



US 



PUBLIC LAW 107-171— MAY 13, 2002 



116 STAT. 499 



(A) hold, seize, treat, apply other remedial actions to, 
destroy (including preventative slaughter), or otherwise dis- 
pose of, any animal, article, facihty, or means of conveyance 
if the Secretary determines the action is necessary to pre- 
vent the dissemination of the pest or disease; and 

(B) prohibit or restrict the movement or use within 
a State, or any portion of a State of any animal or article, 
means of conveyance, or facihty if the Secretary determines 
that the prohibition or restriction is necessary to prevent 
the dissemination of the pest or disease. 

(2) State action.— 

(A) In general. — The Secretary may take action in 
a State under this subsection only on finding that measures 
being taken by the State are inadequate to control or 
eradicate the pest or disease, after review and consultation 
with — 

"(i) the Governor or an appropriate animal health 
official of the State; or 

"(ii) in the case of any animal, article, facility, 
or means of conveyance under the jurisdiction of an 
Indian tribe, the hea d of the Indian tribe . 

(B) Notice. — Subject to subparagraph (C), before any 
action is taken in a State tmder subparagraph (A), the 
Secretary shall — 

(i) notify the Governor, an appropriate animal 
health official of the State, or head of the Indian tribe 
of the proposed action; 

(ii) issue a public announcement of the proposed 
action; and 

(iii) publish in the Federal Register — 

(I) the findings of the Secretary; 

(II) a description of the proposed action; and 

(III) a statement of the reasons for the pro- 
posed action. 

(C) Notice after action. — If it is not practicable to 
publish in the Federal Register the information required 
under subparagraph (B)(ui) before taking action under 
subparagraph (A), the Secretary shall pubhsh the informa- 
tion as soon as practicable, but not later than 10 business 
days, after commencement of the action. 

(c) Quarantine, Disposal, or Other Remedial Action.— 

(1) In general. — The Secretary, in writing, may order 
the owner of any animal, article, facility, or means of convey- 
ance referred to in subsection (a) or (b) to maintain in quar- 
antine, dispose of, or take other remedial action with respect 
to the animal, article, facility, or means of conveyance, in 
a manner determined by the Secretary. 

(2) Failure to comply with orders.— If the owner fails 
to comply with the order of the Secretary, the Secretary may — 

(A) seize, quarantine, dispose of, or take other remedial 
action with respect to the animal, article, facility, or means 
of conveyance under subsection (a) or (b); and 

(B) recover from the owner the costs of any care, han- 
dling, disposal, or other remedial action incurred by the 
Secretary in connection with the seizure, quarantine, dis- 
posal, or other remedial action. 

(d) Compensation.— 



Publi; 
information. 

Federal Register, 
publication. 



119 



116 STAT. 500 PUBLIC LAW 107-171— MAY 13, 2002 

(1) In general. — Except as provided in paragraph (3), the 
Secretary shall compensate the owner of any animal, article, 
facility, or means of conveyance that the Secretary requires 
to be destroyed under this section. 

(2) Amount.— 

(A) In general. — Subject to subparagraphs (B) and 
(C), the compensation shall be based on the fair market 
value, as determined by the Secretary, of the destroyed 
animal, article, facility, or means of conveyance. 

(B) Limitation. — Compensation paid any owner under 
this subsection shall not exceed the difference between — 

(i) the fair market value of the destroyed animal, 
article, facility, or means of conveyance; and 

(ii) any compensation received by the owner from 
a State or other source for the destroyed animal, 
article, facility, or means of conveyance. 

(C) Reviewability.— The determination by the Sec- 
retary of the amount to be paid under *-his subsection 
shall be final and not subject to judicial review or review 
of longer than 60 days by any officer or employee of the 
Federal Government other than the Secretary or the des- 
ignee of the Secretary. 

(3) Exceptions. — No payment shall be made by the Sec- 
retary under this subsection for — 

(A) any animal, article, facility, or means of conveyance 
that has been moved or handled by the owner in violation 
of an agreement for the control and eradication of diseases 
or pests or in violation of this subtitle; 

(B) any progeny of any animal or article, which animal 
or article has been moved or handled by the owner of 
the animal or article in violation of this subtitle; 

(C) any animal, article, or means of conveyance that 
is refused entry under this subtitle; or 

(D) any animal, article, facility, or means of conveyance 
that becomes or has become affected with or exposed to 
any pest or disease of livestock because of a violation 
of an agreement for the control and eradication of diseases 
or pests or a violation of this subtitle by the owner. 

7 use 8307. SEC. 10408. INSPECTIONS, SEIZURES, AND WARRANTS. 

(a) Guidelines. — The activities authorized by this section shall 
be carried out consistent with guidelines approved by the Attorney 
General. 

(b) Warrantless Inspections.— The Secretary may stop and 
inspect, without a warrant, any person or means of conveyance 
moving — 

(1) into the United States, to determine whether the person 
or means of conveyance is carrying any animal or article regu- 
lated under this subtitle; 

(2) in interstate commerce, on probable cause to beUeve 
that the person or means of conveyance is carrying any animal 
or article regulated under this subtitle; or 

(3) in intrastate commerce from any State, or any portion 
of a State, quarantined under section 10407(b), on probable 
cause to believe that the person or means of conveyance is 
carrying any animal or article quarantined under section 
10407(b). 



120 



PUBLIC LAW 107-171— MAY 13, 2002 116 STAT. 501 

(c) iNSPECTi ONS With Warrants .— 

(1) In general. — The Secretary may enter, with a warrant, 
any premises ki the United States for the purpose of making 
inspections and seizures imder this subtitle. 

(2) Appucation and issuance of warrants.— 

(A) In general. — On proper oath or affirmation 
showing probable cause to believe that there is on certain 
premises any animal, article, facihty, or means of convey- 
ance regulated under this subtitle, a United States judge, 
a judge of a court of record in the United States, or a 
United States magistrate judge may issue a warrant for 
the entry on premises within the jurisdiction of the judge 
or magistrate to make any inspection or seizure under 
this subtitle. 

(B) Execution. — ^The warrant may be appUed for and 
executed by the Secretary or any United States marshal. 

SEC. 10409. DETECTION, CONTROL, AND ERADICATION OF DISEASES 7USC8308. 
AND PESTS. 

(a) In General. — The Secretary may carry out operations and 
measures to detect, control, or eradicate any pest or disease of 
Uvestock (including the drawing of blood and diagnostic testing 
of animals), including animals at a slaughterhouse, stockyard, or 
other point of concentration. 

(b) Compensation.— 

(1) In general. — The Secretary may pay a claim arising 
out of the destruction of any animal, article, or means of convey- 
ance consistent with the purposes of this subtitle. 

(2) Reviewability. — ^The action of the Secretary in carrying 
out paragraph (1) shall not be subject to review of longer 
than 60 days by any officer or employee of the Federal Govern- 
ment other than the Secretary or the designee of the Secretary. 

SEC. 10410. VETERINARY ACCREDITATION PROGRAM. 7 USC 8309. 

(a) In General. — The Secretary may establish a veterinary 
accreditation program that is consistent with this subtitle, including 
the establishment of standeirds of conduct for accredited veterinar- 
ians. 

(b) Consultation.— The Secretary shall considt with State 
animal health officials and veterinary professionals regarding the 
establishment of the veterinary accreditation program. 

(c) Suspension or Revocation of Accreditation.— 

(1) In general. — The Secretary may, after notice and 
opportunity for a hearing on the record, suspend or revoke 
the accreditation of any veterinarian accredited under this title 
who violates this subtitle. 

(2) Final order. — The order of the Secretary suspending 
or revoking accreditation shall be treated as a final order 
reviewable luider chapter 158 of title 28, United States Code. 

(3) Summary suspension.— 

(A) In general. — The Secretary may summarily sus- 
pend the accreditation of a veterinarian whom the Sec- 
retary has reason to believe knowingly violated this sub- 
title. 

(B) Hearings. — The Secretary shall provide the veteri- 
narian with a subsequent notice and an opportunity for 
a prompt post-suspension hearing on the record. 



121 



116 STAT. 502 PUBLIC LAW 107-171— MAY 13, 2002 

(d) Application of Penalty Provisions.— The criminal and 
civil penalties described in section 10414 shall not apply to a 
violation of this section that is not a violation of any other provision 
of this subtitle. 

7 use 83 10. SEC. 10411. COOPERATION. 

(a) In General. — To carry out this subtitle, the Secretary may 
cooperate with other Federal agencies, States or poUtical subdivi- 
sions of States, national governments of foreign coimtries, local 
governments of foreign coxmtries, domestic or international 
organizations, domestic or international associations, Indian tribes, 
and other persons. 

(b) Responsibility. — The person or other entity cooperating 
with the Secretary shall be responsible for the authority necessary 
to carry out operations or measures — 

(1) on all land and property within a foreign country or 
State, or under the jurisdiction of an Indian tribe, other than 
on land and property owned or controlled by the United States; 
and 

(2) using other facilities and means, as determined by 
the Secretary. 

(c) SCREWWORMS .— 

(1) In general. — The Secretary may, independently or in 
cooperation with national governments of foreign countries or 
international organizations or associations, produce and sell 
sterile screwworms to any national government of a foreign 
country or international organization or association, if the Sec- 
retary determines that the livestock industry and related indus- 
tries of the United States will not be adversely affected by 
the production auid sale. 

(2) Proceeds .— 

(A) Independent production and sale.— If the Sec- 
retary independently produces and sells sterile screwworms 
imder paragraph (1), the proceeds of the sale shall be — 

(i) deposited into the Treasury of the United 
States; and 

(ii) credited to the account from which the oper- 
ating expenses of the facility producing the sterile 
screwworms have been paid. 

(B) Cooperative production and sale.— 

(i) In general. — If the Secretary cooperates to 
produce and sell sterile screwworms under paragraph 
(1), the proceeds of the sale shall be divided between 
the United States and the cooperating national govern- 
ment or international organization or association in 
a manner determined by the Secretary. 

(ii) Account. — The United States portion of the 
proceeds shall be — 

(I) deposited into the Treasury of the United 
States; and 

(II) credited to the account from which the 
operating expenses of the facility producing the 
sterile screwworms have been paid. 

(d) Cooperation in Program Administration.— The Secretary 
may cooperate with State authorities, Indian tribe authorities, or 
other persons in the administration of regulations for the improve- 
ment of livestock and livestock products. 



122 



PUBLIC LAW 107-171— MAY 13, 2002 116 STAT. 503 

(e) Consultation and Coordination With Other Federal 
Agencies.— 

(1) In general. — The Secretary shall consult and coordi- 
nate with the head of a Federal agency with respect to any 
activity that is under the jurisdiction of the Federal agency. 

(2) Lead agency. — Subject to the consultation and 
coordination requirement in paragraph (1), the Department 
of Agricultvu-e shall be the lead agency with respect to issues 
related to pests Euid diseases of livestock. 

SEC. 10412. REIMBURSABLE AGREEMENTS. 7 USC8311. 

(a) Authority To Enter Into Agreements.— The Secretary 
may enter into reimbursable fee agreements with persons for 
preclearance of animals or articles at locations outside the United 
States for movement into the United States. 

(b) Funds Collected for Preclearance.— Funds collected 
for preclearance activities shall — 

(1) be credited to accounts that may be established by 
the Secretary for carrying out this section; and 

(2) remain available until expended for the preclearance 
activities, without fiscal year limitation. 

(c) Payment of Employee s.— 

(1) In general. — Notwithstanding any other law, the Sec- 
retary may pay an officer or employee of the Department of 
Agriculture performing services under this subtitle relating 
to imports into and exports from the United States for all 
overtime, night, or holiday work performed by the officer or 
employee at a rate of pay determined by the Secretary. 

(2) Reimbursement.— 

(A) In general. — The Secretary may require a person 
for whom the services are performed to reimbxirse the 
Secretary for any expenses paid by the Secretary for the 
services under this subsection. 

(B) Use of funds. — All funds collected under this sub- 
section shall — 

(i) be credited to the account that incurs the costs; 
and 

(ii) remain available imtil expended, without fiscal 
year limitation. 

(d) Late Payment Penalties.— 

(1) Collection. — On failure by a person to reimburse the 
Secretary in accordance with this section, the Secretary may 
assess a late payment penalty against the person, including 
interest on overdue funds, as required by section 3717 of title 
31, United States Code. 

(2) Use of funds. — Any late payment penalty and any 
accrued interest shall — 

(A) be credited to the account that incurs the costs; 
and 

(B) remain available until expended, without fiscal year 
limitation. 

SEC. 10413. ADMINISTRATION AND CLAIMS. 7 USC 8312. 

(a) Administration. — To carry out this subtitle, the Secretary 
may— 

(1) acquire and maintain real or personal property; 

(2) employ a person; 

(3) make a grant; and 



123 



116 STAT. 540 PUBLIC LAW 107-171— MAY 13, 2002 

(1) a description of the results of the review conducted 
under this section; 

(2) recommendations for program improvements; and 

(3) a description of actions that will be taken to carry 
out the improvements. 

Approved May 13, 2002. 



LEGISLATIVE HISTORY — H.R. 2646 (S. 1731): 

HOUSE REPORTS: Nos. 107-191, Pts. 1 and 2 (both from Comm. on Agriculture) 
and Ft. 3 (Comm. on International Relations) and 107^24 
(Comm. of Conference). 
SENATE REPORTS: No. 107-117 accompanying S. 1731 (Comm. on Agriculture, 

Nutrition, and Forestry). 
CONGRESSIONAL RECORD: 

Vol. 147 (2001): Oct. 3-5, considered and passed House. 

Vol. 148 (2002): Feb. 13, considered and passed Senate, amended, in lieu of 
S. 1731. 
May 2, House agreed to conference report. 
May 7, 8, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
May 13, Presidential remarks. 



o 



124 



116 STAT. 820 



PUBLIC LAW 107-206— AUG. 2, 2002 



Public Law 107-206 
107th Congress 



An Act 



Aug 2, 2002 
[H.R. 4775] 



2002 

Supplemental 
Apprcpriations 
Act for Furthar 
Recovery From 
and ResponseTo 
Terrorist Attacks 
on the United 
States. 



Making supplemental appropriations for further recovery from find response to 
terrorist attacks on the United States for the fiscal year ending September 30, 
2002, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 2002, and for other purposes, namely: 

TITLE I— SUPPLEMENTAL APPROPRIATIONS 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

(INCLUDING transfers OF FUNDS) 

For an additional amount for "Office of the Secretary", 
$18,000,000, to remain available imtil expended: Provided, That 
the Secretary shall transfer these funds to the Agricultural Research 
Service, the Animal and Plant Health Inspection Service, the Agri- 
cultural Marketing Service, and/or the Food Safety and Inspection 
Service: Provided further. That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amovint of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 

Agricultural Research Service 

salaries and expenses 

For an additional amoimt for "Salaries and Expenses", 
$8,000,000, to remain available until September 30, 2003: Provided, 
That the entire amount is designated by the Congress as an emer- 
gency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available only 
to the extent an official budget request that includes designation 



125 



PUBLIC LAW 107-206— AUG. 2, 2002 116 STAT. 835 

CHAPTERS 
DEPARTMENT OF DEFENSE 
MILITARY PERSONNEL 

Military Personnel, Air Force 

For an additional amount for "Military Personnel, Air Force", 
$206,000,000: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 

OPERATION AND MAINTENANCE 

Operation and Maintenance, Army 

For an additional amount for "Operation and Maintenance, 
Army", $209,000,000, to remain available for obhgation until Sep- 
tember 30, 2003: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That $102,000,000 shall 
be available only to the extent that an official budget request, 
that includes designation of $102,000,000 as an emergency require- 
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 

Operation and Maintenance, Navy 

For an additional amount for "Operation and Maintenance, 
Navy", $48,750,000, to remain available for obUgation until Sep- 
tember 30, 2003: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That $12,250,000 shall 
be available only to the extent that an official budget request, 
that includes designation of $12,250,000 as an emergency require- 
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 

Operation and Maintenance, Air Force 

For an additional amoimt for "Operation and Maintenance, 
Air Force", $65,510,000, to remain available for obligation imtil 
September 30, 2003: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That $24,510,000 shall 
be available only to the extent that an official budget request, 
that includes designation of $24,510,000 as an emergency require- 
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 



126 



PUBLIC LAW 107-206— AUG. 2, 2002 116 STAT. 839 

is designated by the Congress as an emergency requirement pursu- 
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 

Research, Development, Test and Evaluation, Navy 

For an additional amoimt for "Research, Development, Test 
and Evaluation, Navy", $9,000,000, to remain available for obliga- 
tion until September 30, 2003: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursu- 
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 

Research, Development, Test and Evaluation, Air Force 

For an additional amount for "Research, Development, Test 
and Evaluation, Air Force", $198,400,000, to remain available for 
obUgation imtil September 30, 2003: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer- 
gency Deficit Control Act of 1985, as amended: Provided further. 
That $137,600,000 shall be available only to the extent that an 
official budget request, that includes designation of $137,600,000 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is trans- 
mitted by the President to the Congress. 

Research, Development, Test and Evaluation, Defense-Wide 

For an additional amount for "Research, Development, Test 
and Evaluation, Defense- Wide", $67,000,000, to remain available 
for obligation until September 30, 2003: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer- 
gency Deficit Control Act of 1985, as amended. 

GENERAL PROVISIONS— THIS CHAPTER 

Sec. 301. (a) The appropriation under the heading "Research, 
Development, Test and Evaluation, Nav}^' in the Department of 
Defense Appropriations Act, 2002 (Public Law 107-117) is amended 115 Stat. 2243. 
by adding the following proviso immediately after "September 30, 
2003": ": Provided, That funds appropriated in this paragraph which 
are available for the V-22 may be used to meet unique requirements 
of the Special Operations Forces". 

(b) The amendment made by subsection (a) shall be effective Effective date, 
as if enacted as part of the Department of Defense Appropriations 
Act, 2002. 

Sec. 302. Dvu"ing the current fiscal year, the restrictions con- 
tained in subsection (d) of 22 U.S.C. 5952 and section 502 of 
the Freedom Support Act (Public Law 102-511) shall not apply 
if the President certifies in writing to the Speaker of the House 
of Representatives and the President pro tempore of the Senate 
that waiving such restrictions is important to the national security 
interests of the United States. 

Sec. 303. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes 



127 



PUBLIC LAW 107-206— AUG. 2, 2002 



116 STAT. 841 



States Armed Forces personnel, United States civilian employees, 
and civilian contractors employed by the United States. 

Sec. 306. In addition to amounts appropriated or otherwise 
made available elsewhere in this Act for the Department of Defense 
or in the Department of Defense and Emergency Supplemental 
Appropriations for Recovery from and Response to Terrorist Attacks 
on the United States Act, 2002 (Public Law 107-117), $75,000,000, 
to remain available until September 30, 2003, is hereby appro- 
priated to the Department of Defense under the heading "Chemical 
Agents and Munitions Destruction, Army" for Research, develop- 
ment, test and evaluation, for the purpose of accelerating chemical 
agent destruction at Department of Defense facilities: Provided, 
That the entire amoimt made available in this section is designated 
by the Congress as an emergency reqviirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent that an official budget request, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 

(RESCISSIONS) 

Sec. 307. Of the funds available in Department of Defense 
Appropriations Acts or otherwise available to the Department of 
Defense, the following funds are hereby rescinded, from the fol- 
lowing accoiuits in the specified amounts: 

"Other Procurement, Air Force", 2001/2003, $12,500,000; 

"Missile Procurement, Air Force", 2002/2004, $11,600,000; 

"Other Procurement, Air Force", 2002/2004, $52,500,000; 

'Trocurement, Defense-Wide", 2002/2004, $30,000,000; and 

"Research, Development, Test and Evaluation, Air Force", 
2002/2003, $56,500,000. 

Sec. 308. During the current fiscal year and hereeifter, section 
2533a of title 10, United States Code, shall not apply to any trans- 
action entered into to acquire or sustain aircraft under the authority 
of section 8159 of the Department of Defense Appropriations Act, 
2002 (division A of Pubhc Law 107-117; 115 Stat. 2284). 

Sec. 309. The Secretary of the Army shall obligate and expend 
the $2,000,000 appropriated for the Army by Public Law 107- 
117 for prociirement of smokeless nitrocellulose under Activity 1, 
instead of under Activity 2, Production Base Support Industrial 
Facilities, for the purpose of preserving a commercially owned and 
operated capability of producing defense grade nitrocellulose at 
the rate of at least 10,0()0,000 pounds per year in order to preserve 
a commercial manvifacturing capability for munitions precursor sup- 
plies for the High Zone Modular Artillery Charge System and 
to preserve competition in that manufacturing capability. 

Sec. 310. Not later than 15 days after the date of the enactment 
of this Act, the Secretary of Defense shall obUgate, from funds 
made available in title II of division A of PubUc Law 107-117 
under the heading "Operation and Maintenance, Defense-Wide" 
(115 Stat. 2233), $4,000,000 for a grant to support the conversion 
of the Naval Security Group, Winter Harbor (the naval base on 
Schoodic Peninsula), Maine, to utilization as a research and edu- 
cation center for Acadia National Park, Maine, including the 
preparation of a plan for the reutilization of the naval base for 



10 use 2401a 
note 



Deadliie. 



128 



116 STAT. 842 PUBLIC LAW 107-206— AUG. 2, 2002 

such purpose that will benefit communities in the vicinity of the 
naval base and visitors to Acadia National Park and will stimulate 
important research and educational activities . 

Sec. 311. Of the amount available for fiscal year 2002 for 
the Army National Guard for operation and maintenance, 
$2,200,000 shall be made available for the Army National Guard 
for information operations, information assurance operations, and 
training for such operations. 

(RESCISSION) 

Sec. 312. Of the funds provided under the heading, "Emergency 
Response Fund", in Pubhc Law 107-38 that were not subject to 
subsequent enactment and not subject to the restrictions of the 
fifth proviso of that Act, and subsequently transferred to "Defense 
Emergency Response Fund", $224,000,000 of unobligated amounts 
are hereby rescinded. 

(RESCISSION) 

Sec. 313. Of the unobligated funds available in titles III and 
IV of the Department of Defense Appropriations Act, 2002, 
$226,000,000, reflecting savings from revised economic assimiptions, 
shall be rescinded within 15 days of enactment of this Act: Provided, 
That this reduction shall be applied on a pro-rata basis to each 
appropriations account in said titles, and to each line item, program 
element, project, subproject, and activity within each such account. 

CHAPTER 4 

DISTRICT OF COLUMBIA 

FEDERAL FUNDS 

Federal Payment to the Children's National Medical Center 

For a Federal payment to the Children's National Medical 
Center in the District of Columbia for implementing the District 
Emergency Operations Plan, $10,000,000, to remain available until 
September 30, 2003, of which $8,000,000 shall be for the expansion 
of quarantine facilities, and $2,000,000 shall be for the establish- 
ment of a decontamination facility for children and famiUes: Pro- 
vided, That the entire amount is designated by the Congress as 
an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be avail- 
able only to the extent an official budget request that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 

Federal Payment to the District of Columbia 

For a Federal payment to the District of Columbia to implement 
the District Emergency Operations Plan, $23,000,000, to remain 
available imtil December 1, 2003, of which $12,000,000 is for pubhc 
safety expenses related to security events in the District of 
Columbia: Provided, That the Chief Financial Officer of the District 



129 



116 STAT. 860 PUBLIC LAW 107-206— AUG. 2, 2002 

CHAPTER? 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

management of lands and resources 

For an additional amount for "Management of Lands and 
Resources", $658,000, for emergency security expenses, to remain 
available until expended: Provided, That the entire amount is des- 
ignated by the Congress as em emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def- 
icit Control Act of 1985, as amended: Provided further, That the 
entire eunount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 

United States Fish and Wildlife Service 

RESOURCE management 

For an additional amount for "Resource Management", 
$1,038,000, for emergency security expenses, to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 

CONSTRUCTION 

For an additional amoimt for "Construction", $3,125,000, to 
remain available until expended, for facility and safety improve- 
ments related to homeland security: Provided, That the Congress 
designates the entire amount as an emergency requirement pursu- 
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent an officicil 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 

National Park Service 

operation of the national park system 

For an additional amount for "Operation of the National Park 
System", $1,173,000, for emergency security expenses, to remain 
available until expended: Provided, That the entire amount is des- 
ignated by the Congress as an emergency requirement pursuant 



130 



PUBLIC LAW 107-206— AUG. 2, 2002 116 STAT. 861 

to section 251(b)(2)(A) of the Balanced Budget and Emergency Def- 
icit Control Act of 1985, as amended: Provided further, That the 
entire gimount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 

CONSTRUCTION 

For an additional amount for "Construction", $17,651,000, to 
remain available until expended: Provided, That the Congress des- 
ignates the entire amount as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def- 
icit Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is trgmsmitted by the President to the Congress. 

United States Geological Survey 

SURVEYS, investigations, AND RESEARCH 

For an additional amount for "Surveys, Investigations, and 
Research", $26,000,000, to remain available until expended, of 
which $20,000,000 is for high resolution mapping and imagery 
of the Nation's strategic cities, and of which $6,000,000 is for 
data storage infrastructure upgrades and emergency power supply 
system improvements at the Earth Resources Observation Systems 
Data Center: Provided, That the Congress designates the entire 
amount as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 

Bureau of Indian Affairs 
operation of indian programs 
(including rescission of funds) 

For an additional amount for "Operation of Indian Programs", 
$134,000, for emergency security expenses, to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 



131 



PUBLIC LAW 107-206— AUG. 2, 2002 116 STAT. 925 

This Act may be cited as the "2002 Supplemental Appropria- 
tions Act for Further Recovery From and Response To Terrorist 
Attacks on the United States". 

Approved August 2, 2002. 



LEGISLATIVE HISTORY — H.R. 4775 (S. 2551): 

HOUSE REPORTS: Nos. 107-480 (Comm. on Appropriations) and 107-593 

(Comm. of Conference). 
SENATE REPORTS: No. 107-156 accompanying S. 2551 (Comm. on Appropria- 
tions). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
May 22-24, considered and passed House. 
June 3-6, considered emd passed Senate, amended. 
July 23, House agreed to conference report. 
July 24, Senate agreed to conference report. 



o 



132 



116 STAT. 1052 PUBLIC LAW 107-213— AUG. 21, 2002 



Public Law 107-213 
107th Congress 

An Act 

Aug. 21, 2002 To redesignate certain lands within the Craters of the Moon National Monument, 

rrj Tj gQi 1 and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

16 use 431 note, SECTION 1. SPECIAL MANAGEMENT REQUIREMENTS FOR FEDERAL 
698w. LANDS RECENTLY ADDED TO CRATERS OF THE MOON 

NATIONAL MONUMENT, IDAHO. 

(a) Redesignation. — The approximately 410,000 acres of land 
added to the Craters of the Moon National Monument by Presi- 
dential Proclamation 7373 of November 9, 2000, and identified 
on the map accompanying the Proclamation for administration by 
the National Park Service, shall, on and after the date of enactment 
of this Act, be known as the "Craters of the Moon National Pre- 
serve". 

(b) Administration. — 

(1) In general. — Except as provided by paragraph (2), 
the Craters of the Moon National Preserve shall be adminis- 
tered in accordance with — 

(A) Presidential Proclamation 7373 of November 9, 
2000; 

(B) the Act of June 8, 1906, (commonly referred to 
as the "Antiquities Act"; 34 Stat. 225; 16 U.S.C. 431); 
and 

(C) the laws generally appUcable to units of the 
National Park System, including the Act entitled "An Act 
to establish a National Park Service, and for other pur- 
poses", approved August 25, 1916 (16 U.S.C. 1 et seq.). 

(2) Hunting. — The Secretary of the Interior shall permit 
hunting on lands within the Craters of the Moon National 
Preserve in accordance with the applicable laws of the United 
States and the State of Idaho. The Secretary, in consultation 
with the State of Idaho, may designate zones where, and estab- 
Ush periods when, no hunting may be permitted for reasons 
of public safety, protection of the area's resources, administra- 
tion, or public use and enjoyment. Except in emergencies, any 
regulations prescribing such restrictions relating to hunting 
shall be put into effect only after consultation with the State 
of Idaho. 

Approved August 21, 2002. 

LEGISLATIVE HISTORY — H.R. 601: 

HOUSE REPORTS: No. 107-34 (Comm. on Resources). 

SENATE REPORTS: No. 107-181 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 147 (2001): May 1, considered and passed House. 

Vol. 148 (2002): Aug. 1, considered and passed Senate. 

o 



133 



PUBLIC LAW 107-214— AUG. 21, 2002 116 STAT. 1053 



Public Law 107-214 
107th Congress 

An Act 

To amend the National Trails System Act to designate the route in Arizona and 
New Mexico which the Navajo and Mescalero Apache Indian tribes were forced Aug. 21, 2002 
to walk in 1863 and 1864, for study for potential addition to the National Trails [HR 1384] 

System. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. Long Walk 

National Historic 
SECTION 1. SHORT TITLE. Trail Study Act. 

This Act may be cited as the "Long Walk National Historic J^te ^^ ^^^ 
Trail Study Act". 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) Beginning in the fall of 1863 and ending in the winter 
of 1864, the United States Government forced thousands of 
Navajos and Mescalero Apaches to relocate from their ancestral 
lands to Fort Sumner, New Mexico, where the tribal members 
were held captive, virtually as prisoners of war, for over 4 
years. 

(2) Thousands of Native Americans died at Fort Sumner 
from starvation, malnutrition, disease, exposure, or conflicts 
between the tribes and United States military personnel. 

SEC. 3. DESIGNATION FOR STUDY. 

Section 5(c) of the National Trails System Act (16 U.S.C. 
1244(c)) is amended by adding at the end the following new para- 
graph: 

"( ) The Long Walk Trail, a series of routes which the 

Navajo and Mescalero Apache Indian tribes were forced to walk 
beginning in the fall of 1863 as a result of their removal by the 
United States Government from their ancestral lands, generally 
located within a corridor extending through portions of Canyon 
de CheUey, Arizona, and Albuquerque, Canyon Blanco, Anton Chico, 
Canyon Piedra Pintado, and Fort Sumner, New Mexico.". 

Approved August 21, 2002. 

LEGISLATIVE HISTORY — H.R. 1384: 

HOUSE REPORTS: No. 107-222 (Comm. on Resources). 

SENATE REPORTS: No. 107-184 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 147 (2001): Oct. 2, considered and passed House. 

Vol. 148 (2002): Aug. 1, considered and passed Senate. 

o 



134 



116 STAT. 1054 



PUBLIC LAW 107-215— AUG. 21, 2002 



Public Law 107-215 
107th Congress 



An Act 



Aug. 21, 2002 
[H.R. 1456] 



Booker T. 

Washington 

National 

Monument 

Boundary 

Adjustment Act 

of 2002. 

Virginia. 

16 use 450ZZ 

note. 



16 use 450Z/-3. 



To expand the boundary of the Booker T. Washington National Monument, and 
for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Booker T. Washington National 
Monument Boundary Adjustment Act of 2002". 

SEC. 2. BOUNDARY OF BOOKER T. WASHINGTON NATIONAL MONU- 
MENT EXPANDED. 

The Act entitled "An Act to provide for the establishment 
of the Booker T. Washington National Monument", approved April 
2, 1956 (16 U.S.C. 45011 et seq.), is amended by adding at the 
end the following new section: 

"SEC. 6. ADDITIONAL LANDS. 

"(a) Lands Added to Monument.— The boundary of the Booker 
T. Washington National Monument is modified to include the 
approximately 15 acres, as generally depicted on the map entitled 
'Boundary Map, Booker T. Washington National Monument, 
Franklin County, Virginia', numbered BOWA 404/80,024, and dated 
February 2001. The map shaU be on file and available for inspection 
in the appropriate offices of the National Park Service, Department 
of the Interior. 

"(b) Acquisition of Additional Lands.— The Secretary of the 
Interior is authorized to acquire from willing owners the land 
or interests in land described in subsection (a) by donation, purchase 
with donated or appropriated funds, or exchange. 

"(c) Administration of Additional Lands.— Lands added to 
the Booker T. Washington National Monument by subsection (a) 
shall be administered by the Secretary of the Interior as part 
of the monument in accordance with applicable laws and regula- 
tions.". 

Approved August 21, 2002. 

legislative HISTORY— H.R. 1456: 

HOUSE REPORTS: No. 107-223 (Comm. on Resources). 

SENATE REPORTS: No. 107-199 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 147 (2001): Oct. 2, considered and passed House 

Vol. 148 (2002): Aug. 1, considered and passed Senate. 

o 



135 



116 STAT. 1062 PUBLIC LAW 107-217— AUG. 21, 2002 



Public Law 107-217 
107th Congress 

An Act 

To revise, codify, and enact without substantive change certain general and perma- 
Aug. 21, 2002 nent laws, related to public buildings, property, and works, as title 40, United 

[H.R, 2068] States Code, "PubUc Buildings, Property, and Works". 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

40 use note SECTION 1. TITLE 40, UNITED STATES CODE. 

Certain general and permanent laws of the United States, related 
to public buildings, property, and works, are revised, codified, and 
enacted as title 40, United States Code, "Public Buildings, Property, 
and Works", as follows: 

TITLE 40— PUBLIC BUILDINGS, 
PROPERTY, AND WORKS 

SlTBTm F Sgc 

I. FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES 101 

II. PUBLIC BUILDINGS AND WORKS 3101 

III. INFORMATION TECHNOLOGY MANAGEMENT 11101 

IV. APPALACHIAN REGIONAL DEVELOPMENT 14101 

V. MISCELLANEOUS 17101 

SUBTITLE I— FEDERAL PROPERTY AND 
ADMINISTRATIVE SERVICES 

Chapter Sec. 

1. GENERAL 101 

3. ORGANIZATION OF GENERAL SERVICES ADMINISTRATION 301 

5. PROPERTY MANAGEMENT 501 

7. FOREIGN EXCESS PROPERTY 701 

9. URBAN LAND USE 901 

11. SELECTION OF ARCHITECTS AND ENGINEERS 1101 

13. PUBLIC PROPERTY 1301 

CHAPTER 1— GENERAL 

SUBCHAPTER I— PURPOSE AND DEFINITIONS 

Sec. 

101. Purpose. 

102. Definitions. 

SUBCHAPTER II— SCOPE 

111. Application to Federal Property and Administrative Services Act of 1949. 

112. Applicability of certain policies, procedures, and directives in effect on July 1, 

1949. 

113. Limitations. 



136 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1063 

SUBCHAPTER IH— ADMINISTRATIVE AND GENERAL 

121. Administrative. 

122. Prohibition on sex discrimination. 

123. Civil remedies for fraud. 

124. Agency use of amounts for property management. 
126. Library memberships. 

126. Reports to Congress. 

SUBCHAPTER I— PURPOSE AND DEFINITIONS 

§101. Purpose 

The purpose of this subtitle is to provide the Federal Government 
with an economical and efficient system for the following activities: 

(1) Procuring and supplying property and nonpersonal serv- 
ices, and performing related functions including contracting, 
inspection, storage, issue, setting specifications, identification 
and classification, transportation and trtiffic management, 
estabUshment of pools or systems for transportation of Govern- 
ment personnel and property by motor vehicle within specific 
areas, management of public utility services, repairing and 
converting, establishment of inventory levels, establishment of 
forms and procedures, and representation before federal and 
state regulatory bodies. 

(2) Using available property. 

(3) Disposing of surplus property. 

(4) Records management. 

§102. Definitions 

The following definitions apply in chapters 1 through 7 of this 
title and in title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.): 

(1) Care and handling.— The term "care and handling" 
includes — 

(A) completing, repairing, converting, rehabiUtating, 
operating, preserving, protecting, insuring, packing, 
storing, handling, conserving, and transporting excess and 
surplus property; and 

(B) rendering innocuous, or destroying, property that 
is dangerous to pubUc health or safety. 

(2) Contractor inventory.— The term "contractor inven- 
tory" means — 

(A) property, in excess of amounts needed to complete 
full performance, that is acquired by and in possession 
of a contractor or subcontractor under a contract pursuant 
to which title is vested in the Federal Government; and 

(B) property that the Government is obUgated or has 
the option to take over, under any type of contract, as 
a result of changes in specifications or plans under the 
contract, or as a result of termination of the contract (or 
a subcontract), prior to completion of the work, for the 
convenience or at the option of the Government. 

(3) Excess property. — The term "excess property" means 
property under the control of a federal agency that the head 
of the agency determines is not required to meet the agency's 
needs or responsibilities. 

(4) Executive agency.— The term "executive agency" 
means — 



137 



116 STAT. 1064 PUBLIC LAW 107-217— AUG. 21, 2002 

(A) an executive department or independent establish- 
ment in the executive branch of the Government; and 

(B) a wholly owned Government corporation. 

(5) Federal agency.— The term "federal agency" means an 
executive agency or an establishment in the legislative or 
judicial branch of the Government (except the Senate, the 
House of Representatives, and the Architect of the Capitol, 
and any activities under the direction of the Architect of the 
Capitol). 

(6) Foreign excess property.— The term "foreign excess 
property means excess property that is not located in the 
States of the United States, the District of Columbia, Puerto 
Rico, American Samoa, Guam, the Northern Mariana Islands, 
the Federated States of Micronesia, the Marshall Islands, 
Palau, and the Virgin Islands. 

(7) Motor vehicle. — The term "motor vehicle" means any 
vehicle, self-propelled or drawn by mechanic£d power, designed 
and operated principally for highway transportation of property 
or passengers, excluding — 

(A) a vehicle designed or used for military field training, 
combat, or tactical purposes, or used principally within 
the conJEines of a regularly estabUshed military post, camp, 
or depot; and 

(B) a vehicle regularly used by an agency to perform 
investigative, law enforcement, or intelligence duties, if 
the head of the agency determines that exclusive control 
of the vehicle is essential for effective performance of duties. 

(8) NONPERSONAL SERVICES.— The term "nonpersonal serv- 
ices" means contractual services designated by the Adminis- 
trator of General Services, other than personal and professional 
services. 

(9) Property. — The term "property" means any interest in 
property except — 

(A)(i) the public domain; 

(ii) land reserved or dedicated for national forest or 
national park purposes; 

(iii) minerals in land or portions of land withdrawn or 
reserved from the public domain which the Secretary of 
the Interior determines are suitable for disposition under 
the public land mining and mineral leasing laws; and 

(iv) land withdrawn or reserved from the public domain 
except land or portions of land so withdrawn or reserved 
which the Secretary, with the concurrence of the Adminis- 
trator, determines are not suitable for return to the pubhc 
domain for disposition under the general public land laws 
because the lands are substantially changed in character 
by improvements or otherwise; 

(B) naval vessels that are battleships, cruisers, aircraft 
carriers, destroyers, or submarines; and 

(C) records of the Government. 

(10) Surplus property. — The term "surplus property" means 
excess property that the Administrator determines is not 
required to meet the needs or responsibilities of all federal 
agencies. 



138 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1139 

fviU and final determination of the rights of the person and entitles 
the person, as against the Grovemment, to the rights the person 
would have had if possession of the property had not been changed. 
When the claim is for the payment of money foimd to be due, 
presentation of an authenticated copy of the record of the judgment 
and proceedings is sufficient evidence to the proper accounting 
officers for the allowance of the claim, which shall be allowed 
and paid out of amounts in the Treasury not otherwise appropriated. 
The amount allowed and paid shall not exceed the value of the 
interest of the Government in the property. 

§ 1314. Easements 

(a) Definitions. — In this section — 

(1) Executive agency. — The term "executive agency" means 
an executive department or independent establishment in the 
executive branch of the Federal Government, including a whoUy 
owned Government corporation. 

(2) Real property of the government.— The term "real 
property of the Government" excludes — 

(A) pubUc land (including minerals, vegetative, and other 
resources) in the United States, including — 

(i) land reserved or dedicated for national forest pur- 
poses; 

(ii) land the Secretary of the Interior administers 
or supervises in accordance with the Act of August 
25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National 
Park Service Organic Act); 

(iii) Indian-owned trust and restricted land; and 

(iv) land the Gk)vemment acquires primarily for fish 
and wildlife conservation purposes and the Secretary 
administers; 

(B) land withdrawn from the public domain primarily 
imder the jurisdiction of the Secretary; and 

(C) land acquired for national forest purposes. 

(3) State.— The term "State" means a State of the United 
States, the District of Columbia, Puerto Rico, and the territories 
and possessions of the United States. 

(b) Grant of Easement. — When a State, a political subdivision 
or agency of a State, or a person applies for the grant of an 
easement in, over, or on real property of the Government, the 
executive agency having control of the real property may grant 
to the applicant, on behalf of the Government, an easement that 
the head of the agency decides will not be adverse to the interests 
of the Government, subject to reservations, exceptions, limitations, 
benefits, burdens, terms, or conditions that the head of the agency 
considers necessary to protect the interests of the Government. 
The grant may be made without consideration, or with monetary 
or other consideration, including an interest in real property. 

(c) Reunquishment of Legislative Jurisdiction.— In connec- 
tion with the grant of an easement, the executive agency concerned 
may relinquish to the State in which the real property is located 
legislative jurisdiction that the executive agency considers necessary 
or desirable. Relinquishment of legislative jurisdiction may be 
accomplished by fihng with the chief executive officer of the State 
a notice of relinquishment to take effect upon acceptance or by 
proceeding in the manner that the laws applicable to the State 
may provide. 



139 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1185 

curb of Seventh Street Northwest, between Madison Drive 
Northwest, and Constitution Avenue Northwest; 

(B) to the Hne of the face of the south curb of Pennsyl- 
vania Avenue Northwest, between Fourth Street and Third 
Street Northwest, to the Une of the face of the west curb 
of Third Street Northwest, between Pennsylvania Avenue 
and Madison Drive Northwest, to the line of the face of 
the north curb of Madison Drive Northwest, between Third 
Street and Fourth Street Northwest, and to the line of 
the face of the east cxu-b of Fourth Street Northwest, 
between Pennsylvania Avenue and Madison Drive North- 
west; and 

(C) to the line of the face of the south curb of Constitution 
Avenue Northwest, between Ninth Street Northwest and 
Seventh Street Northwest; to the Une of the face of the 
west curb of Seventh Street Northwest, between Constitu- 
tion Avenue Northwest and Madison Drive Northwest; to 
the Hne of the face of the north curb of Madison Drive 
Northwest, between Seventh Street Northwest and the Hne 
of the face of the east side of the east retaining wall 
of the Ninth Street Expressway Northwest; and to the 
Hne of the face of the east side of the east retaining wall 
of the Ninth Street Expressway Northwest, between Madi- 
son Drive Northwest and Constitution Avenue Northwest. 

(3) John f. Kennedy center for the performing arts.— 
The John F. Kennedy Center for the Performing Arts, which 
extends to the Hne of the west face of the west retaining 
walls £ind curbs of the Inner Loop Freeway on the east, the 
north face of the north retaining walls and curbs of the Theo- 
dore Roosevelt Bridge approaches on the south, the east face 
of the east retaining walls and curbs of Rock Creek Parkway 
on the west, and the south curbs of New Hampshire Avenue 
and F Street on the north, as generally depicted on the map 
entitled "Transfer of John F. Kennedy Center for the Per- 
forming Arts", numbered 844/82563 and dated April 20, 1994 
(as amended by the map entitled "Transfer of John F. Kennedy 
Center for the Performing Arts", niunbered 844/82563A and 
dated May 22, 1997), which shall be on file and available 
for pubHc inspection in the office of the National Capital Region, 
National Park Service. 

§ 6302. Public use of grounds 

Public travel in, and occupancy of, the grounds specified under 
section 6301 of this title are restricted to the sidewalks and other 
paved surfaces, except in the National Zoological Park. 

§6303. Unlawful activities 

(a) Displays and Solicitations.— It is imlawful for anyone other 
than an authorized employee or concessionaire to carry out any 
of the foUowing activities within the specified buildings and 
grounds: 

(1) Offer or expose any article for sale. 

(2) Display any sign, placard, or other form of advertisement. 

(3) Solicit alms, subscriptions, or contributions. 

(b) Touching of, or Injuries to. Property.— It is unlawful 
for anyone — 



140 



116 STAT. 1194 PUBLIC LAW 107-217— AUG. 21, 2002 

§ 6702. Transfer and assignment of rights, title, and interests 
in property 

(a) In General.— 

(1) Leases, covenants, agreements, and easements.— As 
provided in this section, the General Services Administration, 
the National Capital Planning Commission, and the National 
Park Service have the rights, title, and interest of the Pennsyl- 
vsinia Avenue Development Corporation in and to all leases, 
covenants, agreements, and easements the Corporation 
executed before April 1, 1996, in carrying out its powers and 
duties under the Pennsylvania Avenue Development Corpora- 
tion Act of 1972 (Pubhc Law 92-578, 86 Stat. 1266) and the 
Federal Triangle Development Act (PubUc Law 100-113, 101 
Stat. 735). 

(2) Property. — The Administration has the rights, title, and 
interest of the Corporation in and to all property held in the 
name of the Corporation, except as provided in subsection (c). 

(b) General Services Administration. — 

(1) Responsibilities. — The responsibilities of the Corporation 
transferred to the Administration under subsection (a) 
include — 

(A) the collection of revenue owed the Federal Govern- 
ment as a result of real estate sales or lease agreements 
made by the Corporation and private parties, including — 

(i) the Willard Hotel property on Square 225; 

(ii) the Gallery Row project on Square 457; 

(iii) the Lansburgh's project on Square 431; and 

(iv) the Market Square North project on Square 407; 

(B) the collection of sale or lease revenue owed the 
Government from the sale or lease before April 1, 1996, 
of two undeveloped sites owned by the Corporation on 
Squares 457 and 406; 

(C) the apphcation of collected revenue to repay Treasury 
debt the Corporation incurred when acquiring real estate; 

(D) performing financial audits for projects in which the 
Corporation has actual or potential revenue expectation, 
as identified in subparagraphs (A) and (B), in accordance 
with procedures described in applicable sale or lease agree- 
ments; 

(E) the disposition of real estate properties which are 
or become available for sale and lease or other uses; 

(F) payment of benefits in accordance with the Uniform 
Relocation Assistance and Real Property Acquisition Poli- 
cies Act of 1970 (42 U.S.C. 4601 et seq.) to which persons 
in the project area squares are entitled as a result of 
the Corporation's acquisition of real estate; and 

(G) carrying out the responsibilities of the Corporation 
under subchapter III and the Federal Triangle Develop- 
ment Act (PubUc Law 100-113, 101 Stat. 735), including 
responsibilities for managing assets and Uabilities of the 
Corporation under subchapter III and the Act. 

(2) Powers. — In carrying out the responsibilities of the Cor- 
poration transferred under this section, the Administrator of 
General Services may — 



141 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1195 

(A) acquire land, improvements, and property by pur- 
chase, lease or exchange, and sell, lease, or otherwise dis- 
pose of any property, as necessary to complete the develop- 
ment plan developed under section 5 of the Pennsylvania 
Avenue Development Corporation Act of 1972 (Public Law 
92-578, 86 Stat. 1269) if a notice of intention to carry 
out the acquisition or disposal is first transmitted to the 
Committee on Transportation and Infrastructure and the 
Committee on Appropriations of the House of Representa- 
tives and the Committee on Environment and Public Works 
and the Committee on Appropriations of the Senate and 
at least 60 days elapse after the date of the transmission; 

(B) modify the plan referred to in subparagraph (A) if 
the modification is first transmitted to the Committee on 
Transportation and Infrastructure and the Committee on 
Appropriations of the House of Representatives emd the 
Committee on Environment and PubUc Works and the 
Committee on Appropriations of the Senate and at least 
60 days elapse after the date of the transmission; 

(C) maintain any existing Corporation insurance pro- 
grams; 

(D) make and perform transactions with an agency or 
instrumentaUty of the Federal Government, a State, the 
District of Columbia, or any person as necessary to carry 
out the responsibilities of the Corporation under subchapter 
III and the Federal Triangle Development Act (Public Law 
100-113, 101 Stat. 735); 

(E) request the Council of the District of Columbia to 
close any alleys necessary for the completion of develop- 
ment in Square 457; and 

(F) use all of the amount transferred from the Corpora- 
tion or income earned on Corporation property to complete 
any pending development projects. 

(c) National Park Service.— 

(1) Property. — The National Park Service has the right, 
title, and interest in and to the property located iu the Pennsyl- 
vania Avenue National Historic Site, including the parks, 
plazas, sidewalks, special lighting, trees, sculpture, and memo- 
rials, depicted on a map entitled "Pennsylvania Avenue 
National Historic Park", dated June 1, 1995, and numbered 
840-82441. The map shall be on file and available for public 
inspection in the offices of the Service. 

(2) Responsibilities. — The Service is responsible for manage- 
ment, administration, maintenance, law enforcement, visitor 
services, resource protection, interpretation, and historic 
preservation at the Site. 

(3) Special events, festivals, concerts, or programs. — 
The Service may — 

(A) make transactions with an agency or instrumentaUty 
of the Government, a State, the District of Columbia, or 
any person as considered necessary or appropriate for the 
conduct of special events, festivals, concerts, or other art 
and cultural programs at the Site; or 

(B) establish a nonprofit foundation to solicit amounts 
for those activities. 

(4) Jurisdiction of district of Columbia. — Jurisdiction of 
Pennsylvania Avenue and all other roadways from curb to 



142 



116 STAT. 1196 PUBLIC LAW 107-217— AUG. 21, 2002 

curb remains with the District of Columbia but vendors are 

not permitted to occupy street space except during temporary 

special events. 

(d) National Capital Planning Commission.— The National 

Capital Planning Commission is responsible for ensuring that 

development in the Pennsylvania Avenue area is carried out in 

accordance with the Pennsylvania Avenue Development Corporation 

Plan— 1974. 

SUBCHAPTER II— PENNSYLVANIA AVENUE DEVELOPMENT 

§6711. Definition 

In this subchapter, the term "development area" means the area 
to be developed, maintained, and used in accordance with this 
subchapter and the Pennsylvania Avenue Development Corporation 
Act of 1972 (PubUc Law 92-578, 86 Stat. 1266) and is the area 
bovmded as follows: 

Beginning at a point on the southwest comer of the intersec- 
tion of Fifteenth Street and E Street Northwest; 

thence proceeding east along the southern side of E Street 
to the southwest comer of the intersection of Thirteenth Street 
and Pennsylvania Avenue Northwest; 

thence southeast along the southern side of Pennsylvania 
Avenue to a point being the southeast comer of the intersection 
of Pennsylvania Avenue and Third Street Northwest; 

thence north along the eastern side of Third Street to the 
northeast corner of the intersection of C Street and Third 
Street Northwest; 

thence west edong the northern side of C Street to the north- 
east corner of the intersection of C Street and Sixth Street 
Northwest; 

thence north along the eastern side of Sixth Street to the 
northeast comer of the intersection of E Street and Sixth Street 
Northwest; 

thence west along the northern side of E Street to the north- 
east corner of the intersection of E Street and Seventh Street 
Northwest; 

thence north along the eastern side of Seventh Street to 
the northeast comer of the intersection of Seventh Street and 
F Street Northwest; 

thence west along the northern side of F Street to the north- 
west comer of the intersection of F Street and Ninth Street 
Northwest; 

thence south along the western side of Ninth Street to the 
northwest corner of the intersection of Ninth Street and E 
Street Northwest; 

thence west along the northern side of E Street to the north- 
east comer of the intersection of E Street and Thirteenth Street 
Northwest; 

thence north along the eastern side of Thirteenth Street 
to the northeast comer of the intersection of F Street and 
Thirteenth Street Northwest; 

thence west along the northern side of F Street to the north- 
west comer of the intersection of F Street and Fifteenth Street 
Northwest; 



143 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1203 

SUBCHAPTER II— NATIONAL VISITOR FACILITIES ADVISORY 

COMMISSION 

§ 6921. Establishment, composition, and meetings 

(a) Establishment. — There is a National Visitor Facilities 
Advisory Commission. 

(b) Composition .— 

(1) MEMBERSfflP. — The Commission is composed of— 

(A) the Secretary of the Interior; 

(B) the Administrator of General Services; 

(C) the Secretary of the Smithsonian Institution; 

(D) the Chairman of the National Capital Planning 
Commission; 

(E) the ChairmEin of the Commission of Fine Arts; 

(F) six Members of the Senate, three from each party, 
to be appointed by the President of the Senate; 

(G) six Members of the House of Representatives, three 
from each party, to be appointed by the Speaker of the 
House of Representatives; and 

(H) three individuals appointed by the President, at least 
two of whom shall not be officers of the Federal Govern- 
ment, and one member of whom shall be a representative 
of the District of Colvunbia government. 

(2) Chairman. — The Secretary of the Interior serves as the 
Chairman of the Commission. 

(3) Service of non-federal members.— Non-federal mem- 
bers serve at the pleasure of the President. 

(c) Meetings. — The Commission shall meet at the call of the 
Chairman. 

§6922. Duties 

(a) In General. — The National Visitor Facilities Advisory 
Commission shall — 

(1) conduct continuing investigations and studies of sites 
and plans to provide additional facilities and services for visi- 
tors and students coming to the Nation's Capital; and 

(2) advise the Secretary of the Interior and the Administrator 
of General Services on the planning, construction, acquisition, 
and operation of those visitor facilities. 

(b) Staff and Facilities.— The Director of the National Park 
Service, in consultation with the Administrator, shall provide the 
necessary staff and facilities to assist the Commission in carrying 
out its duties tmder this subcha pter. 

§6923. Compensation and expenses 

Members of the National Visitor Facilities Advisory Commission 
who are not officers or employees of the Federal Government or 
the government of the District of Columbia are entitled to receive 
compensation under section 3109 of title 5 and expenses under 
section 5703 of title 5. 

§ 6924. Reports and recommendations 

The National Visitor Facilities Advisory Commission shall report 
to the Secretary of the Interior and the Administrator of General 
Services the results of its studies and investigations. A report 
recommending additional facilities for visitors shall include the 
Commission's recommendations as to sites for the facilities to be 



144 



116 STAT. 1206 PUBLIC LAW 107-217— AUG. 21, 2002 

Lafayette Park, Rock Creek Park, the Zoological Park, the Rock 
Creek and Potomac Parkway, Potomac Park, or The Mall Park 
System and public buildings adjacent to the System, or abuts on 
any street bordering any of those grounds or parks, so far as 
the plans relate to neight and appearance, color, and texture of 
the materials of exterior construction. 

(c) Report to Mayor. — The Commission shall report promptly 
its recommendations to the Mayor, including any changes the 
Commission decides are necessary to prevent reasonably avoidable 
impairment of the public values belonging to the pubUc building 
or park. If the Commission fails to report its approval or disapproval 
of a plan within 30 days, the report is deemed approved and 
a permit may be issued. 

(d) Action by the Mayor.— The Mayor shall take action the 
Mayor decides is necessary to effect reasonable compliance with 
the recommendation under subsection (c). 

§ 8105. Approval by Administrator of General Services 

Subject to applicable provisions of existing law relating to the 
fimctions in the District of Columbia of the National Capital Plan- 
ning Commission and the Commission of Fine Arts, only the 
Administrator of General Services is required to approve sketches, 
plans, and estimates for buildings to be constructed by the Adminis- 
trator, except that the Administrator and the United States Postal 
Service must approve buildings designed for post-office purposes. 

§8106. Buildings on reservations, parks, or public grounds 

A building or structure shall not be erected on any reservation, 
park, or public grovmds of the Federal Government in the District 
of Columbia without express authority of Congress. 

§8107. Advertisements and sales in or around Washington 
Monument 

Except on the written authority of the Director of the National 
Park Service, advertisements of any kind shall not be displayed, 
and eu-ticles of any kind shall not be sold, in or around the Wash- 
ington Monument. 

§ 8108. Use of public buUdings for public ceremonies 

Except as expressly authorized by law, public buildings in the 
District of Columbia (other than the Capitol Building and the 
White House), and the approaches to those pubhc buildings, shall 
not be used or occupied in connection with ceremonies for the 
inauguration of the President or other public fimctions. 

SUBCHAPTER II— JURISDICTION 

§ 8121. Improper appropriation of streets 

(a) Authority. — The Secretary of the Interior shall — 

(1) prevent the improper appropriation or occupation of any 
public street, avenue, square, or reservation in the District 
of Columbia that belongs to the Federal Government; 

(2) reclaim the street, avenue, square, or reservation if unlaw- 
fully appropriated; 

(3) prevent the erection of any permanent building on prop- 
erty reserved to or for the use of the Government, unless 
plainly authorized by law; and 



145 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1207 

(4) report to Congress at the beginning of each session on 
the Secretary's proceedings in the premises, together with a 
fall statement of all property described in this subsection, and 
how, and by what authority, the property is occupied or claimed, 
(b) Application. — This section does not interfere with the tem- 
porary and proper occupation of any part of the property described 
in subsection (a), by lawful authority, for the legitimate purposes 
of the Government. 

§ 8122. Jurisdiction over portion of Constitution Avenue 

The Director of the National Park Service has jurisdiction over 
that part of Constitution Avenue west of Virginia Avenue that 
was under the control of the Commissioners of the District of 
Columbia prior to May 27, 1908. 

§8123. Record of transfer of jurisdiction between Director 
of National Park Service and Mayor of District 
of Columbia 

When in accordance with law or mutual legal agreement, spaces 
or portions of pubUc land are transferred between the jurisdiction 
of the Director of the National Park Service, as established by 
the Act of July 1, 1898 (eh. 543, 30 Stat. 570), and the Mayor 
of the District of Columbia, the letters of transfer and acceptance 
exchanged between them are sufficient authority for the necessary 
change in the official maps and for record when necessary. 

§8124. Transfer of jurisdiction between Federal and District 
of Columbia authorities 

(a) Transfer of Jurisdiction. — Federal and District of Columbia 
authorities administering properties in the District that are owned 
by the Federal Government or by the District may transfer jurisdic- 
tion over any part of the property among or between themselves 
for purposes of administration and maintenance under conditions 
the parties agree on. The National Capital Planning Commission 
shall recommend the transfer before it is completed. 

(b) Report to Congress.— The District authorities shall report 
all transfers and agreements to Congress. 

(c) Certain Laws Not Repealed. — Subsection (a) does not repeal 
any law in effect on May 20, 1932, which authorized the transfer 
of jurisdiction of certain land among and between federal and 
District authorities. 

§ 8125. Public spaces resulting from filling of canals 

The Director of the National Park Service has jurisdiction over 
all public spaces resulting from the filling of canals in the original 
city of Washington that were not under the jurisdiction of the 
Chief of Engineers of the United States Army as of August 1, 
1914, except spaces included in the navy yard or in actual use 
as roadways and sidewalks and spaces assigned by law to the 
District of Columbia for use as a property yard and the location 
of a sewage pumping station. The spaces shall be laid out as 
reservations as a part of the park system of the District of Columbia. 

§ 8126. Temporary occupancy of Potomac Park by Secretary 
of Agriculture 

(a) Not More Than 75 Acres.— The Director of the National 
Park Service may allow the Secretary of Agriculture to temporarily 



146 



116 STAT. 1208 PUBLIC LAW 107-217— AUG. 21, 2002 

occupy as a testing ground not more than 75 acres of Potomac 
Park not needed in any one season for reclamation or park improve- 
ment. The Secretary shall vacate the area at the close of any 
season on the request of the Director. 

(b) Continue as Public Park Under Director .—This section 
does not change the essential character of the land used, which 
shall continue to be a pubhc park vmder the charge of the Director. 

§8127. Part of Washington Aqueduct for playground pur- 
poses 

(a) Jurisdiction of Mayor.— The Mayor of the District of 
Columbia has possession, control, and jurisdiction of the land of 
the Washington Aqueduct adjacent to the Champlain Avenue 
pumping station and Ijdng outside of the fence aroimd the pvimping 
station as it — 

(1) existed on August 31, 1918; and 

(2) was transferred by the Chief of Engineers for playground 
purposes. 

(b) Jurisdiction of Secretary of the Army Not Affected .— 
This section does not affect the superintendence and control of 
the Secretary of the Army over the Washington Aqueduct and 
the rights, appurtenances, and fixtures connected with the Aque- 
duct. 

SUBCHAPTER III— SERVICES FOR FACILITIES 

§ 8141. Contract to rent buildings in the District of Columbia 
not to be made until appropriation enacted 

A contract shall not be made for the rent of a building, or 
part of a building, to be used for the purposes of the Federal 
Government in the District of Columbia until Congress enacts an 
appropriation for the rent. This section is deemed to be notice 
to all contractors or lessors of the building or a part of the building. 

§ 8142. Rent of other buildings 

An executive department of the Federal Government renting a 
building for public use in the District of Columbia may rent a 
different building instead if it is in the public interest to do so. 
This section does not authorize an increase in the number of 
buildings in use or in the amount paid for rent. 

§8143. Heat 

(a) Corcoran Gallery of Art.— The Administrator of General 
Services may furnish heat from the central heating plant to the 
Corcoran Gallery of Art, if the Corcoran Gallery of Art agrees 
to— 

(1) pay for heat furnished at rates the Administrator deter- 
mines; and 

(2) connect the building with the Federal Government mains 
in a manner satisfactory to the Administrator. 

(b) Board of Governors of the Federal Reserve System.— 
The Administrator may furnish steam from the central heating 
plant for the use of the Board of Governors of the Federal Reserve 
System on the property which the Board acquired in squares east 
of 87 and east of 88 in the District of Columbia if the Board 
agrees to — 



147 



116 STAT. 1226 PUBLIC LAW 107-217— AUG. 21, 2002 

for park, parkway, or playground purposes, and may renew the 
lease for an additional five years. A lease or renewsd under this 
section is — 

(1) subject to the approval of the National Capital Planning 
Commission; 

(2) subject to the need for the immediate use of the land, 
building, or structure in other ways by the public; and 

(3) on terms the Administrator decides. 

§8734. Sale of land by Mayor 

(a) AuTHORrry To Sell.— With the approval of the National Cap- 
ital Planning Commission, the Mayor of the District of Columbia, 
for the best interests of the District of Columbia, may sell to 
the highest bidder at public or private sale real estate in the 
District of Columbia owned in fee simple by the District of Columbia 
for municipal use that the Council of the District of Columbia 
and the Commission find to be no longer required for pubUc pur- 
poses. 

(b) Paying Expenses and Depositing Proceeds. — The Mayor— 

(1) may pay the reasonable and necessary expenses of the 
sale of each parcel of land sold; and 

(2) shall deposit the net proceeds of each sale in the Treasury 
to the credit of the District of Columbia. 

§ 8735. Sale of land by Secretary of the Interior 

(a) Authority To Sell.— With the approval of the National Cap- 
ital Pleinning Commission, the Secretary of the Interior, for the 
best interests of the Federal Government, may sell, by deed or 
instrument, real estate held by the Government in the District 
of Columbia and under the jurisdiction of the National Park Service 
which may be no longer needed for pubUc purposes. The land 
may be sold for cash or on a deferred-payment plan the Secretary 
approves, at a price not less than the Government paid for it 
and not less than its present appraised value as determined by 
the Secretary. 

(b) Sale to Highest Bidder.— In selling any parcel of land 
under this section, the Secretary shall have public or private soUci- 
tation for bids or offers be made as the Secretary considers appro- 
priate. The Secretary shall sell the parcel to the party agreeing 
to pay the highest price if the price is otherwise satisfactory. If 
the price offered or bid by the owner of land abutting the land 
to be sold equals the highest price offered or bid by any other 
party, the parcel may be sold to the owner of the abutting land. 

(c) Paying Expenses and Depositing Proceeds.— The 
Secretary — 

(1) may pay the reasonable and necessary expenses of the 
sale of each parcel of land sold; and 

(2) shall deposit the net proceeds of each sale in the Treasury 
to the credit of the Government and the District of Columbia 
in the proportion that each — 

(A) paid the appropriations used to acquire the parcels; 
or 

(B) was obligated to pay the appropriations, at the time 
of acquisition, by reimbursement. 



148 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1227 

§8736. Execution of deeds 

The Mayor of the District of Columbia may execute deeds of 
conveyance for real estate sold under this subchapter. The deeds 
shall contain a full description of the land sold as required by 
law. 

§ 8737. Authorization of appropriations 

An amount equal to not more than one cent for each inhabitant 
of the continental United States as determined by the last preceding 
decennial census may be appropriated each year in the District 
of Columbia Appropriation Act for the National Capital Planning 
Commission to use for the payment of its expenses and for the 
acquisition of land the Commission may acquire under section 8731 
of this title for the purposes named, including compensation for 
the land, surveys, eiscertainment of title, condemnation proceedings, 
and necessary conveyancing. The appropriated amounts shall be 
paid from the revenues of the District of Columbia and the general 
amounts of the Treasury in the same proportion as other expenses 
of the District of Columbia. 

CHAPTER 89— NATIONAL CAPITAL MEMORIALS AND 
COMMEMORATIVE WORKS 

Sgc. 

8901. Purposes. 

8902. Definitions and nonapplieation. 

8903. Concessional authorization of commemorative works. 

8904. National Capital Memorial Commission. 

8905. Site and design approval 

8906. Criteria for issuance of construction permit. 

8907. Temporary site designation. 

8908. Areas I and n. 

8909. Administrative. 

§8901. Purposes 

The purposes of this chapter are — 

(1) to preserve the integrity of the comprehensive design 
of the L'Enfant and McMillan plans for the Nation's Capital; 

(2) to ensure the continued public use and enjojrment of 
open space in the District of Columbia; 

(3) to preserve, protect and maintain the limited amount 
of open space available to residents of, and visitors to, the 
Nation's Capital; and 

(4) to ensure that future commemorative works in areas 
administered by the National Park Service and the Adminis- 
trator of Generzd Services in the District of Columbia and 
its environs — 

(A) are appropriately designed, constructed, and located; 
and 

(B) reflect a consensus of the lasting national significance 
of the subjects involved. 

§ 8902. Definitions and nonapplication 

(a) Definitions. — In this chapter, the following definitions apply: 
(1) Commemorative work. — The term "commemorative 
work" — 

(A) means any statue, monument, sculpture, memorial, 
plaque, inscription, or other structure or landscape feature, 
including a garden or memorial grove, designed to perpet- 
uate in a permanent manner the memory of an individual. 



149 



116 STAT. 1228 PUBLIC LAW 107-217— AUG. 21, 2002 

group, event or other significant element of American his- 
tory; but 

(B) does not include an item described in subclause (A) 
that is located within the interior of a structure or a 
structure which is primarily used for other purposes. 

(2) Person. — The term "person" means — 

(A) a pubUc agency; and 

(B) an individual, group or organization — 

(i) described in section 501(c)(3) of the Internal Rev- 
enue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt 
from tax under section 501(a) of the Code (26 U.S.C. 
501(a)); and 

(ii) authorized by Congress to estabUsh a commemo- 
rative work in the District of Columbia and its envi- 
rons. 

(3) The district of Columbia and its environs. — The term 
"the District of Columbia and its environs" means land and 
property located in Areas I and II as depicted on the map 
numbered 869/86581, and dated May 1, 1986, that the National 
Park Service and the Administrator of General Services admin- 
ister. 

(b) Nonapplication. — This chapter does not apply to commemora- 
tive works authorized by a law enacted before January 3, 1985. 

§8903. Congressional authorization of commemorative 
works 

(a) In General. — Commemorative works — 

(1) may be established on federal lands referred to in section 
8901(4) of this title only as specifically authorized by law; 
and 

(2) are subject to applicable provisions of this chapter. 

(b) Military Commemorative Works. — A miUtary commemora- 
tive work may be authorized only to commemorate a war or similar 
major military conflict or a branch of the armed forces. A commemo- 
rative work commemorating a lesser conflict or a unit of an armed 
force may not be authorized. Commemorative works to a war or 
similar major military confhct may not be authorized until at least 
10 years after the officially designated end of the event. 

(c) Works Commemorating Events, Individuals, or Groups.— 
A commemorative work commemorating an event, individual, or 
group of individuals, except a miUtary commemorative work as 
described in subsection (b), may not be authorized until after the 
25th anniversary of the event, death of the individual, or death 
of the last surviving member of the group. 

(d) Consultation With National Capital Memorial Commis- 
sion. — In considering legislation authorizing commemorative works 
in the District of Columbia and its environs, the Committee on 
House Administration of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate shall 
solicit the views of the National Capital Memorial Commission. 

(e) Expiration of Legislative Authority.— Legislative 
authority for a commemorative work expires at the end of the 
seven-year period beginning on the date the authority is enacted 
unless the Secretary of the Interior or Administrator of General 
Services, as appropriate, has issued a construction permit for the 
commemorative work during that period. 



150 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1229 

§ 8904. National Capital Memorial Commission 

(a) ESTABUSHMENT AND COMPOSITION.— There is a National Cap- 
ital Memorial Commission. The membership of the Commission 
consists of— 

(1) the Director of the National Park Service; 

(2) the Architect of the Capitol; 

(3) the Chairman of the American Battle Monvmients 
Commission; 

(4) the Chairman of the Commission of Fine Arts; 

(5) the Chairman of the National Capital Planning Commis- 
sion; 

(6) the Mayor of the District of Colmnbia; 

(7) the Commissioner of the Public Buildings Service of the 
General Services Administration; and 

(8) the Secretary of Defense. 

(b) Chairman. — The Director is the Chairman of the National 
Capital Memorial Commission. 

(c) Advisory Role. — The National Capital Memorial Commission 
shall advise the Secretary of the Interior and the Administrator 
of General Services on policy and procedvires for estabhshment 
of, and proposals to establish, commemorative works in the District 
of Columbia and its environs and on other matters concerning 
commemorative works in the Nation's Capital as the Commission 
considers appropriate. 

(d) Meetings. — The National Capital Memorial Commission shall 
meet at least twice annually. 

§ 8905. Site and design approval 

(a) Consultation on,and Submission of, Proposals.— A person 
authorized by law to establish a commemorative work in the District 
of Columbia and its environs may request a permit for construction 
of the commemorative work only after the following requirements 
are met: 

(1) Consultation. — The person must consult with the 
National Capital Memorial Commission regarding the selection 
of alternative sites and designs for the conmiemorative work. 

(2) Submittal. — Following consultation in accordance with 
clause (1), the Secretary of the Interior or the Administrator 
of General Services, as appropriate, must submit, on behalf 
of the person, site and design proposals to the Commission 
of Fine Arts and the National Capital Planning Commission 
for their approval. 

(b) Decision Criteria. — In considering site and design proposals, 
the Commission of Fine Arts, National Capital Planning Commis- 
sion, Secretary, and Administrator shall be guided by, but not 
limited by, the following criteria: 

(1) Surroundings. — To the maximum extent possible, a 
commemorative work shall be located in surroxindings that 
are relevant to the subject of the work. 

(2) Location. — A commemorative work shall be located so 
that— 

(A) it does not interfere with, or encroach on, an existing 
commemorative work; and 

(B) to the meudmum extent practicable, it protects open 
space and existing public use. 

(3) Material. — A commemorative work shall be constructed 
of durable material suitable to the outdoor environment. 



151 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1231 

(d) Annual Report. — The person authorized to construct a 
commemorative work under this chapter must submit to the Sec- 
retary of the Interior or Administrator an annual report of oper- 
ations, including financial statements audited by an independent 
certified pubUc accountant. The person shall pay for the report. 

§ 8907. Temporary site designation 

(a) Criterion for Designation.— If the Secretary of the Interior, 
in consultation with the National Capital Memorial Commission, 
determines that a site where commemorative works may be dis- 
played on a temporstry basis is necessary to aid in the preservation 
of the limited amount of open space available to residents of, and 
visitors to, the Nation's Capital, a site may be designated on land 
the Secretary administers in the District of Columbia. 

(b) Plan. — A designation may be made under subsection (a) only 
if, at least 120 days before the designation, the Secretary, in con- 
sultation with the Commission, prepares and submits to Congress 
a plan for the site. The plan shall include specifications for the 
location, construction, and administration of the site and criteria 
for displa3dng commemorative works at the site. 

(c) Risk and Agreement To Indemnify. — ^A commemorative work 
displayed at the site shall be installed, maintained, and removed 
at the sole expense and risk of the person authorized to display 
the work. The person shall agree to indemnify the United States 
for any liabiMty arising from the display of the commemorative 
work under this section. 

§8908. Areas I and n 

(a) Availability of Map.— The Secretary of the Interior and 
Administrator of General Services shall make available, for pubhc 
inspection at appropriate offices of the National Park Service and 
the General Services Administration, the map numbered 869/86581, 
and dated May 1, 1986. 

(b) Specific Conditions Applicable to Area I and Area II.— 

(1) Area I. — After seeking the advice of the National Capital 
Memoried Commission, the Secretary or Administrator, as 
appropriate, may recommend the location of a commemorative 
work in Area I only if the Secretary or Administrator decides 
that the subject of the commemorative work is of preeminent 
historical and lasting significance to the United States. The 
Secretary or Administrator shall notify the Commission, the 
Committee on House Administration of the House of Represent- 
atives, and the Committee on Energy and Natural Resources 
of the Senate of the recommendation that a commemorative 
work should be located in Area I. The location of a commemora- 
tive work in Area I is deemed to be authorized only if the 
recommendation is approved by law not later than 150 calendar 
days after the notification. 

(2) Area n. — Commemorative works of subjects of lasting 
historical significance to the American people may be located 
in Area II. 

§8909. Administrative 

(a) Maintenance of Documentation of Design and Construc- 
tion. — Complete documentation of design and construction of each 
commemorative work located in the District of Columbia and its 
environs shall be provided to the Secretary of the Interior or 



152 



PUBLIC LAW 107-217— AUG. 21, 2002 116 STAT. 1233 

9303. Access to Theodore Roosevelt Island. 

9304. Source of appropriations. 

§ 9301. Maintenance and administration 

The Director of the National Park Service shall maintain and 
administer Theodore Roosevelt Island as a natural park for the 
recreation and enjoyment of the pubUc. 

§ 9302. Consent of Theodore Roosevelt Association required 
for development 

(a) General Plan for Development.— The Theodore Roosevelt 
Association must approve every general plan for the development 
of Theodore Roosevelt Island. 

(b) Development Inconsistent with Plan.— As long as the 
Association remains in existence, development inconsistent with 
the general plan may not be carried out without the Association's 
consent. 

§ 9303. Access to Theodore Roosevelt Island 

Subject to the approval of the National Capital Planning Commis- 
sion and the avaUabUity of appropriations, the Director of the 
National Park Service may provide suitable means of access to 
and on Theodore Roosevelt Island. 

§ 9304. Source of appropriations 

The appropriations needed for construction of suitable means 
of access to and on Theodore Roosevelt Island and annually for 
the care, maintenance, and improvement of the land and improve- 
ments may be made from amounts not otherwise appropriated 
from the Treasury. 

CHAPTER 95— WASHINGTON AQUEDUCT AND OTHER 
PUBLIC WORKS IN THE DISTRICT OF COLUMBIA 

Sec. 

9501. Chief of Engineers. 

9502. Authority of Chief of Engineers. 

9503. Record of property. 

9504. Reports. 

9505. Paying for main pipes. 

9506. Civil penalty. 

9507. Control of expenditures. 

§9501. Chief of Engineers 

(a) Superintendence Duties.— 

(1) WASfflNGTON AQUEDUCT AND OTHER PUBLIC WORKS AND 
IMPROVEMENTS IN THE DISTRICT OF COLUMB lA.— The Chief of 

Engineers has the immediate superintendence of — 

(A) the Washington Aqueduct, together with all rights, 
appurtenances, and fixtures connected with the Aqueduct 
and belonging to the Federal Grovemment; and 

(B) all other public works and improvements in the Dis- 
trict of Columbia in which the Government has an interest 
and which are not otherwise specially provided for by law. 

(2) Obeying regulations. — In carrying out paragraph (1), 
the Chief of Engineers shall obey regulations the President 
prescribes, through the Secretary of the Army. 

(b) No Increase in Compensation.— The Chief of Engineers 
shall not receive additional compensation for the services required 
under this chapter. 



153 



PUBLIC LAW 107-217— AUG. 21, 2002 



116 STAT. 1327 



Schedule of Laws Repealed — Continued 

Statutes at Large 



Date 



Chapter or 

Public 

Law 



Section 



Statutes at Large 



Vol- 
ume 



Page 



U.S. Code 
(title 40 un- 
less other- 
wise speci- 
fied) 



Oct. 30 



Nov. 13 
Dec. 21 



2001 
Nov. 12 
Dec. 28 

2002 
Mar. 12 



106-398 



106-518 ... 
106-554 ... 



107-67 .. 
107-107 



107-149 ... 



1 [§§809, 2814] 

313 
l(a)(3yi'fW3X'T7)'i§'307(a)T 

630 

2812 

116 



114 



114 
114 



115 
115 



66 



1654A-208, 

1654A- 

419. 

2421 

2763A-169, 

2763A- 

635. 



552 .. 
1307 



484, 1492 



13n 

258e-l, 
490b 



490b-l 
485 



40 App.:l 
note, 2, 2 
note, 101, 
102, 104, 
106, 202- 
205, 207, 
214, 224, 
225, 302, 
303, 401, 
403, 405. 



Approved August 21, 2002. 



LEGISLATIVE HISTORY— H.R. 2068: 

HOUSE REPORTS: No. 107-479 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

June 11, considered and passed House. 

Aug. 1, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 

Aug. 23, Presidential statement. 



o 



154 



116 STAT. 1328 



PUBLIC LAW 107-218— AUG. 21, 2002 



Public Law 107-218 
107th Congress 



An Act 



Aug. 21, 2002 
[H.R. 2234] 



Tuinacacori 

National 

Historical Park 

Boundary 

Revision Act of 

2002. 

16 use 41088 

note. 

16 use 41088 

note. 



To revise the boundary of the Tumacacori National Historical Park in the State 

of Arizona. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Tumacacori National Historical 
Park Boundary Revision Act of 2002". 

SEC. 2. FINDINGS AND PURPOSES. 

(a) Findings. — The Congress finds the following: 

(1) Tumacacori Mission in southern Arizona was declared 
a National Monument in 1908 in recognition of its great histor- 
ical significance as "one of the oldest mission ruins in the 
southwest". 

(2) In estabUshing Tumacacori National Historical Park 
in 1990 to include the Tumacacori Mission and the ruins of 
the mission of Los Santos Angeles de Guevavi and the Kino 
visita and rancheria of Calabazas, Congress recognized the 
importance of these sites "to protect and interpret, for the 
education and benefit of the public, sites in the State of Arizona 
associated with the early Spanish missionaries and explorers 
of the 17th and 18th centuries". 

(3) Tumacacori National Historical Park plays a major 
role in interpreting the Spanish colonial heritage of the United 
States. 

(b) Purposes. — The purposes of this Act are — 

(1) to protect and interpret the resources associated with 
the Tumacacori Mission by revising the boundary of Tumacacori 
National Historical Park to include approximately 310 acres 
of land adjacent to the park; and 

(2) to enhance the visitor experience at Tumacacori by 
developing access to these associated mission resources. 

SEC. 3. BOUNDARY REVISION, TUMACACORI NATIONAL HISTORICAL 
PARK, ARIZONA. 

Section 1(b) of Public Law 101-344 (16 U.S.C. 410ss(b)) is 
amended — 

(1) by inserting after the first sentence the following new 
sentence: "The pjirk shall also consist of approximately 310 
acres of land adjacent to the original Tumacacori unit of the 
park and generally depicted on the map entitled Tumacacori 
National Historical Park, Arizona Proposed Boundary Revision 
2001', numbered 310/80,044, and dated July 2001."; and 



155 



PUBLIC LAW 107-218— AUG. 21, 2002 116 STAT. 1329 

(2) in the last sentence — 

(A) by striking "The map" and inserting "The maps"; 
and 

(B) by striking "the offices" and inserting "the appro- 
priate offices". 

Approved August 21, 2002. 



LEGISLATIVE HISTORY— H.R. 2234: 

HOUSE REPORTS: No. 107-327 (Comm. on Resources). 

SENATE REPORTS: No. 107-185 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, VoL 148 (2002): 

Jan. 23, considered and passed House. 

Aug. 1, considered and passed Senate. 



o 



156 



116 STAT. 1330 PUBLIC LAW 107-219— AUG. 21, 2002 



Public Law 107-219 
107th Congress 

An Act 

Aug. 21, 2002 To rename Wolf Trap Farm Park as "Wolf Trap National Park for the Performing 

fH R 24401 Arts", and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. RENAMING OF WOLF TRAP FARM PARK. 

(a) Amendment.— The Wolf Trap Farm Park Act (Public Law 
89-671; 16 U.S.C. 284 et seq.) is amended— 
16 use 284 and (1) by striking "Wolf Trap Farm Peirk" each place it appears 

note, 284j. and inserting "Wolf Trap National Park for the Performing 

Arts"; 
16 use 284a. (2) in section 2, by inserting before the final period ", 

except that laws, rules, or regulations that are appUcable solely 
to units of the National Park System that are designated as 
a 'National Park' shall not apply to Wolf Trap National Park 
for the Performing Arts"; and 

(3) by adding at the end the following new section: 

16 use 284k. "SEC. 14. REFERENCES. 

"(a) By Federal Employees.— The Secretary of the Interior, 
any other Federal employee, and any employee of the Foundation, 
with respect to any reference to the park in any map, pubUcation, 
sign, notice, or other official document or communication of the 
Federal Government or Foundation shall refer to the park as Wolf 
Trap National Park for the Performing Arts'. 

"(b) Other Signs and Notices.— Any directional or official 
sign or notice pertaining to the park shaU refer to the park as 
Wolf Trap National Park for the Performing Arts'. 
16 use le, 284c "(c) FEDERAL LAWS AND DOCUMENTS. — Any reference in any 

note. law (other than this Act), regulation, document, record, map, or 

other paper of the United States to Wolf Trap Farm Park' shall 
be considered to be a reference to "Wolf Trap National Park for 
the Performing Arts'.". 
16 use 284k (b) Applicability.— Section 14(c) of the Wolf Trap Farm Park 

note. Act (as added by subsection (a) of this section) shall not apply 

to this Act. 

SEC. 2. TECHNICAL CORRECTIONS. 

Section 4(c) of the Wolf Trap Farm Park Act (Public Law 
89-671; 16 U.S.C. 284c(c)) is amended— 

(1) by reahgning the second sentence so as to appear flush 
with the left margin; and 



157 



PUBLIC LAW 107-219— AUG. 21, 2002 116 STAT. 1331 

(2) by striking "Funds" and inserting "funds". 
Approved August 21, 2002. 



LEGISLATIVE HISTORY— H.R. 2440: 

HOUSE REPORTS: No. 107-330 (Comm. on Resources). 

SENATE REPORTS: No. 107-182 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 147 (2001): Dec. 11, considered and passed House. 

Vol. 148 (2002): Aug. 1, considered and passed Senate. 



o 



158 



PUBLIC LAW 107-221— AUG. 21, 2002 



116 STAT. 1333 



Public Law 107- 
107th Congress 



221 



An Act 



To authorize the acquisition of additional lands for inclusion in the Fort Clatsop 
National Memorial in the State of Oregon, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the 'Tort Clatsop National Memorial 
Expansion Act of 2002". 

SEC. 2. FINDINGS. 

The Congress finds the following: 

(1) Fort Clatsop National Memorial is the only unit of 
the National Park System solely dedicated to the Lewis and 
Clark Expedition. 

(2) In 1805, the members of the Lewis and Clark Expedition 
built Fort Clatsop at the mouth of the Columbia River near 
Astoria, Oregon, and they spent 106 days at the fort waiting 
for the end of winter and preparing for their journey home. 

(3) In 1958, Congress enacted Public Law 85-435 author- 
izing the estabUshment of Fort Clatsop National Memorial 
for the purpose of commemorating the culmination, and the 
winter encampment, of the Lewis and Clark Expedition fol- 
lowing its successful crossing of the North American continent. 

(4) The 1995 General Management Plan for Fort Clatsop 
National Memorial, prepared with input from the local commu- 
nity, recommends the expansion of the memorial to include 
the trail used by expedition members to access the Pacific 
Ocean from the fort and the shore and forest lands surrounding 
the fort and trail to protect their natural settings. 

(5) Expansion of Fort Clatsop National Memorial requires 
Federal legislation because the size of the memorial is currently 
limited by statute to 130 acres. 

(6) Congressional action to allow for the expansion of Fort 
Clatsop National Memorial to include the trail to the Pacific 
Ocean would be timely and appropriate before the start of 
the bicentennial celebration of the Lewis and Clark Expedition 
planned to take place during the years 2004 through 2006. 

SEC. 3. EXPANSION OF FORT CLATSOP NATIONAL MEMORIAL, OREGON. 

(a) Revised Boundaries.— Section 2 of Public Law 85-435 
(16 U.S.C. 450mm-l) is amended— 

(1) by inserting "(a) Initial Designation of Lands.—" 
before "The Secretary"; 



Aug. 21, 2002 
[H.R. 2643] 



Fort Clatsop 

National 

Memorial 

Ebcpansion Act of 

2002. 

16 use 450mm 

note. 

16 use 

450mm- 1 note. 



159 



116 STAT. 1334 PUBLIC LAW 107-221— AUG. 21, 2002 

(2) by striking "coast:" and all that follows through the 
end of the sentence and inserting "coast."; and 

(3) by adding at the end the following new subsections: 
"(b) Authorized Expansion. — The Fort Clatsop National 

Memorial shall also include the lemds depicted on the map entitled 
Tort Clatsop Boundary Map', numbered '405-80026C-CCO', and 
dated June 1996. 

"(c) Maximum Designated Area.— The total area designated 
as the Fort Clatsop National Memorial shall not exceed 1,500 
acres.". 

(b) Authorized Acquisition Methods.— Section 3 of Public 
Law 85-435 (16 U.S.C. 450mm-2) is amended— 

(1) by inserting "(a) Acquisition Methods.—" before 
"Within"; and 

(2) by adding at the end the following new subsection: 
"(b) Limitation. — The lands (other than corporately owned 

timberlands) depicted on the map referred to in section 2(b) may 
be acquired by the Secretary of the Interior only by donation or 
purchase from willing sellers.". 

(c) Memorandum of Understanding. — Section 4 of Public Law 
85-435 (16 U.S.C. 450mm-3) is amended— 

(1) by striking "Establishment" and all that follows through 
"its establishment," and inserting "(a) Administration. — "; and 

(2) by adding at the end the following new subsection: 
"(b) Memorandum of Understanding.— If the owner of cor- 
porately owned timberlands depicted on the map referred to in 
section 2(b) agrees to enter into a sale of such lands as a result 
of actual condemnation proceedings or in lieu of condemnation 
proceedings, the Secretary of the Interior shall enter into a memo- 
randum of understanding with the owner regarding the manner 
in which such lands wUl be managed after acquisition by the 
United States.". 

Washington. SEC. 4. STUDY OF STATION CAMP SITE AND OTHER AREAS FOR POS- 

SIBLE inclusion in national memorial. 

The Secretary of the Interior shall conduct a study of the 
area near McGowan, Washington, where the Lewis and Clark 
Expedition first camped after reaching the Pacific Oceeoi and known 
as the "Station Camp" site, as well as the Megler Rest Area and 
Fort Canby State Park, to determine the suitability, feasibiUty, 
and national significance of these sites for inclusion in the National 



160 



PUBLIC LAW 107-221— AUG. 21, 2002 116 STAT. 1335 

Park System. The study shall be conducted in accordance with 
section 8 of Public Law 91-383 (16 U.S.C. la-5). 

Approved August 21, 2002. 



LEGISLATIVE HISTORY— H.R. 2643 (S. 423): 

HOUSE REPORTS: No. 107^56 (Comm. on Resources). 

SENATE REPORTS: No. 107-69 accompanying S. 423 (Comm. on Energy and Nat- 

ui*fll Resources ) 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

July 8, considered and passed House. 

Aug. 1, considered and passed Senate. 



o 



161 



116 STAT. 1338 PUBLIC LAW 107-223— AUG. 21, 2002 



Public Law 107-223 
107th Congress 

An Act 

Aug. 21, 2002 To authorize the Secretary of the Interior to issue right-of-way permits for natural 

[HR 3380] ^38 pipelines within the boundary of Great Smoky Mountains National Park. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

16 use 403 note. SECTION 1. PERMITS FOR EXISTING NATURAL GAS PIPELINES. 

(a) In General. — The Secretary of the Interior may issue right- 
of-way permits for natural gas pipelines that exist as of September 
1, 2001, within the boundary of Great Smoky Mountains National 
Park. 

(b) Terms and Conditions. — A permit issued under subsection 
(a) shall be — 

(1) issued consistent with laws and regulations generally 
applicable to utility rights-of-way within units of the National 
Park System; and 

(2) subject to any terms and conditions that the Secretary 
deems necessary. 

16 use 403 note. SEC. 2. PERMITS FOR PROPOSED NATURAL GAS PIPELINES. 

(a) In General. — The Secretary of the Interior may issue right- 
of-way permits for natural gas pipelines within the boundary of 
Great Smoky Mountains National Park that are proposed to be 
constructed across the following: 

(1) The Foothills Parkway. 

(2) The Foothills Parkway Spur between Pigeon Forge and 
Gatlinburg. 

(3) The Gatlinburg Bypass. 

(b) Terms and Conditions. — A permit issued under subsection 
(a) shall be — 

(1) issued consistent with laws and regulations generally 
apphcable to utility rights-of-way within units of the National 
Park System; and 

(2) subject to any terms and conditions that the Secretary 
deems necessary, including — 

(A) provisions for the protection and restoration of 
park resources that are disturbed by pipeline construction; 
and 



162 



PUBLIC LAW 107-223— AUG. 21, 2002 116 STAT. 1339 

(B) assurances that construction and operation of the 
pipeline will not adversely affect Great Smoky Mountains 
National Park. 

Approved August 21, 2002. 



LEGISLATIVE HISTORY— H.R. 3380 (S. 1097): 

HOUSE REPORTS; No. 107-491 (Comm. on Resources). 

SENATE REPORTS: No. 107-72 accompanying S. 1097 (Comm. on Energy and Nat- 
ural Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

July 8, considered and passed House. 

Aug. 1, considered and passed Senate. 



o 



163 



PUBLIC LAW 107-226— SEPT. 24, 2002 116 STAT. 1345 



16USC431note 



Public Law 107-226 
107th Congress 

An Act 

To authorize a national memorial to commemorate the passengers and crew of q *. 94. onno 
Flight 93 who, on September 11, 2001, courageously gave their lives thereby P " — : — - — 

thwarting a pleinned attack on our Nation's Capital, and for other purposes. [H.R. 3917] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Flight 93 

National 
SECTION 1. SHORT TITLE. Memorial Act. 

This Act may be cited as the "Flight 93 National Memorial 
Act". 

SEC. 2. FINDINGS AND PURPOSES. 

(a) Findings. — Congress finds the following: 

(1) Passengers and crewm embers of United Airlines FHght 
93 of September 11, 2001, courageously gave their lives, thereby 
thwarting a planned attack on our Nation's Capital. 

(2) In the months since the historic events of September 
11, thousands of people have visited the Flight 93 site, drawn 
by the heroic action and sacrifice of the passengers and crew 
aboard FUght 93. 

(3) Many are profoundly concerned about the future disposi- 
tion of the crash site, including grieving famihes of the pas- 
sengers and crew, the people of the region who are the current 
stewards of the site, and a broad spectrum of citizens across 
the United States. Many of these people are forming the Fhght 
93 Task Force as a broad, inclusive organization to provide 
a voice for all interested and concerned parties. 

(4) The crash site commemorates Flight 93 and is a pro- 
found symbol of American patriotism and spontemeous leader- 
ship of citizen-heroes . The determination of appropriate recogni- 
tion at the crash site of FUght 93 will be a slowly unfolding 
process in order to address the interests and concerns of all 
interested parties. Appropriate national assistance and recogni- 
tion must give ample opportunity for those involved to voice 
these broad concerns. 

(5) It is appropriate that the crash site of Flight 93 be 
designated a unit of the National Park System. 

(b) Purposes. — The purposes of this Act are as follows: 

(1) To establish a national memorial to honor the pas- 
sengers and crew of United Airlines Flight 93 of September 
11,2001. 

(2) To establish the Flight 93 Advisory Commission to 
assist with consideration and formulation of plans for a perma- 
nent memorial to the passengers and crew of Flight 93, 
including its nature, design, and construction. 



164 



116 STAT. 1346 



PUBLIC LAW 107-226— SEPT. 24, 2002 



(3) To authorize the Secretary of the Interior (hereinafter 
referred to as the "Secretary") to coordinate and facihtate the 
activities of the FUght 93 Advisory Commission, provide tech- 
nical and financial assistance to the Flight 93 Task Force, 
and to administer a Flight 93 memorial. 

Pennsylvania. SEC. 3. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS 

OF FLIGHT 93. 

There is established a memorial at the September 11, 2001, 
crash site of United AirUnes Flight 93 in the Stonycreek Township, 
Somerset County, Pennsylvania, to honor the passengers and crew 
of FUght 93. 

SEC. 4. FUGHT 93 ADVISORY COMMISSION. 

(a) Establishment. — There is estabUshed a commission to be 
known as the "Fbght 93 Advisory Commission" (hereafter in this 
Act referred to as the "Commission"). 

(b) Membership. — The Commission shall consist of 15 mem- 
bers, including the Director of the National Park Service, or the 
Director's designee, and 14 members appointed by the Secretary 
from recommendations of the Fhght 93 Task Force. 

(c) Term. — The term of the members of the Commission shall 
be for the Ufe of the Commission. 

(d) Chair. — The members of the Commission shall select the 
Chair of the Commission. 

(e) Vacancies. — Any vacancy in the Commission shall not affect 
its powers if a quorum is present, but shall be filled in the same 
maimer as the original appointment. 

(f) Meetings. — The Commission shall meet at the call of the 
Chairperson or a majority of the members, but not less often than 
quarterly. Notice of the Commission meetings and agendas for 
the meetings shall be published in local newspapers in the vicinity 
of Somerset County and in the Federal Register. Meetings of the 
Commission shall be subject to section 552b of title 5, United 
States Code (relating to open meetings). 

(g) Quorum. — ^A majority of the members serving on the 
Commission shall constitute a quorum for the transaction of any 
business. 

(h) No Compensation. — Members of the Commission shall 
serve without compensation, but may be reimbursed for expenses 
incurred in carrying out the duties of the Commission. 

(i) Duties. — The duties of the Commission shall be as follow: 
Deadlhe. (1) Not later than 3 years after the date of the enactment 

^po"^- of this Act, the Commission shall submit to the Secretary 

and Congress a report containing recommendations for the 
planning, design, construction, and long-term management of 
a permanent memorial at the crash site. 

(2) The Commission shall advise the Secretary on the 
boundaries of the memorial site. 

(3) The Commission shall advise the Secretary in the 
development of a management plan for the memorial site. 

(4) The Commission shall consult and coordinate closely 
with the Flight 93 Task Force, the Commonwealth of Pennsyl- 
vania, and other interested parties, as appropriate, to support 
and not supplant the efforts of the Flight 93 Task Force on 
and before the date of the enactment of this Act to commemo- 
rate FUght 93. 



Notice. 
Newspapers. 
Federal Register, 
publication. 



165 



PUBLIC LAW 107-226— SEPT. 24, 2002 116 STAT. 1347 

(5) The Commission shall provide significant opportunities 
for public participation in the planning and design of the memo- 
rial, 
(j) Powers. — ^The Commission may — 

(1) make such expenditures for services and materials for 
the purpose of carrying out this Act as the Commission con- 
siders advisable from funds appropriated or received as gifts 
for that purpose; 

(2) subject to approval by the Secretary, solicit and accept 
donations of funds and gifts, personal property, supplies, or 
services from individuals, foimdations, corporations, and other 
private or public entities to be used in connection with the 
construction or other expenses of the memorial; 

(3) hold hearings, enter into contracts for personal services 
and otherwise; 

(4) do such other things as are necessary to carry out 
this Act; and 

(5) by a vote of the majority of the Commission, delegate 
such of its duties as it determines appropriate to employees 
of the National Park Service. 

(k) Termination . — The Commission shall terminate upon dedi- 
cation of the completed memorial. 

SEC. 5. DUTIES OF THE SECRETARY. 

The Secretary is authorized to — 

(1) provide assistance to the Commission, including advice 
on collections, storage, and archives; 

(2) consult and assist the Commission in providing informa- 
tion, interpretation, and the conduct of oral history interviews; 

(3) provide assistance in conducting public meetings and 
forums held by the Commission; 

(4) provide project management assistance to the Commis- 
sion for planning, design, and construction activities; 

(5) provide programming and design assistance to the 
Commission for possible memorial exhibits, collections, or 
activities; 

(6) provide staff assistance and support to the Commission 
and the FHght 93 Task Force; 

(7) participate in the formulation of plans for the design 
of the memorial, to accept funds raised by the Commission 
for construction of the memorial, and to construct the memorial; 

(8) acquire from willing sellers the land or interests in 
land for the memorial site by donation, purchase with donated 
or appropriated funds, or exchange; and 

(9) to administer the Flight 93 memorial as a unit of 
the National Park System in accordance with this Act and 
with the laws generally applicable to units of the National 
Park System such as the Act of August 25, 1916 (39 Stat. 
585). 



166 



116 STAT. 1348 PUBLIC LAW 107-226— SEPT. 24, 2002 

SEC. 6. CLARIFICATION OF PASSENGERS AND CREW. 

For the purposes of this Act, the terrorists on United Airlines 
Flight 93 on September 11, 2001, shall not be considered passengers 
or crew of that flight. 

Approved September 24, 2002. 



LEGISLATIVE HISTORY — H.R. 3917: 

HOUSE REPORTS: No. 107-597 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

July 22, considered and passed House. 

Sept. 10, considered and passed Senate. 

o 



167 



PUBLIC LAW 107-236— OCT. 9, 2002 116 STAT. 1483 



Public Law 107-236 
107th Congress 

An Act 

To adjust the boundaries of Santa Monica Mountains National Recreation Area, Oct. 9, 2002 

and for other purposes. [H R 640] 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, SantaMonica 

Mountains 

SECTION 1. SHORT TITLE. National 

This Act may be cited as the "Santa Monica Mountains National J^J^men^rt 
Recreation Area Boundary Adjustment Act". CaKfomia. 

SEC. 2. BOUNDARY ADJUSTMENT. ^^ ^^^ ^ ^°^- 

Section 507(c) of the National Parks and Recreation Act of 
1978 (92 Stat. 3501; 16 U.S.C. 460kk) estabUshing Santa Monica 
Mountains National Recreation Area is amended — 

(1) in paragraph (1), by striking '"Boimdary Map, Santa 
Monica Mountains National Recreation Area, CaUfomia, and 
Santa Monica Mountains Zone', numbered SMM-NRA 80,000, 
and dated May 1978" and inserting " 'Santa Monica Mountains 
National Recreation Area and Santa Monica Mountains Zone, 
California, Boimdary Map', niunbered 80,047-C and dated 
August 2001"; and 

(2) by adding the following sentence after the third sentence 
of paragraph (2)(A): "Lands within the 'Wildlife Corridor Expan- 
sion Zone' identified on the boundary map referred to in para- 
graph (1) may be acquired only by donation or with donated 
funds.". 

SEC. 3. TECHNICAL CORRECTIONS. 

Section 507 of the National Parks and Recreation Act of 1978 
(92 Stat. 3501; 16 U.S.C. 460kk) estabUshing Santa Monica Moun- 
tains National Recreation Area is amended — 

(1) in subsection (c)(1), by striking "Committee on Natural 
Resources" and inserting "Cormnittee on Resources"; 

(2) in subsection (c)(2)(B), by striking "of certain" in the 
first sentence and inserting "certain"; and 



168 



116 STAT. 1484 PUBLIC LAW 107-236— OCT. 9, 2002 

(3) in subsection (n)(5), by striking "laws" in the second 
sentence and inserting "laws,". 

Approved October 9, 2002. 



LEGISLATIVE HISTORY — H.R. 640: 

HOUSE REPORTS: No. 170-90 (Comm. on Resources). 

SENATE REPORTS: No. 107-204 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 147 (2001): June 6, considered and passed House. 

Vol. 148 (2002): Aug. 1, considered and passed Senate, amended. 
Sept. 24, House concurred in Senate amendment. 



o 



169 



116 STAT. 1486 



PUBLIC LAW 107-238— OCT. 11, 2002 



Public Law 107-238 
107th Congress 



An Act 



Oct. 11, 2002 
[S. 1175] 



Vicksburg 
NationalMilitary 
Psu-k Boundary 
Modification Act 
of2002. 
16USC430h 
note 
16USC430h-10. 



To modify the boundary of Vicksburg National Military Park to include the property 
known as Pemberton's Headquarters, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Vicksburg National Military 
Park Boundary Modification Act of 2002". 

SEC. 2. BOUNDARY MODIFICATION. 

The boundary of Vicksburg National Military Park is modified 
to include the property known as Pemberton's Headquarters, as 
generally depicted on the map entitled "Boundary Map, Pemberton's 
Headquarters at Vicksburg National Mihtary Park", numbered 306/ 
80015A, and dated August, 2001. The map shall be on file and 
available for inspection in the appropriate offices of the National 
Park Service. 

16 use 430h-ll. SEC. 3. ACQUISITION OF PROPERTY. 

(a) Pemberton's Headquarters.— The Secretary of the Interior 
is authorized to acquire the properties described in section 2 and 
3(b) by purchase, donation, or exchange, except that each property 
may only be acquired with the consent of the owner thereof. 

(b) Parking. — ^The Secretary is also authorized to acquire not 
more than one acre of land, or interest therein, adjacent to or 
near Pemberton's Headquarters for the purpose of providing parking 
and other facilities related to the operation of Pemberton's Head- 
quarters. Upon the acquisition of the property referenced in this 
subsection, the Secretary add it to Vicksburg National MUitary 
Park and shall modify the bovmdaries of the park to reflect its 
inclusion. 

16 use 430h-12. SEC. 4. ADMINISTRATION. 

The Secretary shall administer any properties acquired under 
this Act as part of the Vicksburg National Mihtary Park in accord- 
ance with applicable laws and regulations. 



170 



PUBLIC LAW 107-238— OCT. 11, 2002 116 STAT. 1487 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 16 USC 430h-13. 

There is authorized to be appropriated such sums as may 
be necessary to carry out this Act. 

Approved October 11, 2002. 



LEGISLATIVE HISTORY — S. 1175 (H.R. 3307): 

HOUSE REPORTS: No. 107-508 accompanying H.R. 3307 (Comm. on Resources). 
SENATE REPORTS: No. 107-183 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

July 24, considered and passed Senate. 

Sept. 24, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 

Oct. 11, Presidential statement. 



o 



171 



PUBLIC LAW 107-248— OCT. 23, 2002 116 STAT. 1519 



Public Law 107-248 
107th Congress 

An Act 

Making appropriations for the Department of Defense for the fiscal year ending Oct. 23, 2002 

September 30, 2003, and for other pvirposes. [H.R. 5010] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the Departmentof 
following sums are appropriated, out of any money in the Treasxiry Defense 
not otherwise appropriated, for the fiscal year ending September ^^^2*0^*'°'^^ 
30, 2003, for military functions administered by the Department 
of Defense, and for other purposes, namely: 

TITLE I 

MILITARY PERSONNEL 

Military Personnel, Army 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Army on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $26,855,017,000. 

Military Personnel, Navy 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; and for payments pursuant to section 156 of PubUc Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Mihtary Retirement Fimd, $21,927,628,000. 

Military Personnel, Marine Corps 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Marine Corps on active duty (except 



172 



116 STAT. 1536 



PUBLIC LAW 107-248— OCT. 23, 2002 



Records. 



until September 30, 2004: Provided further, That the National 
Drug Intelligence Center shall maintain the personnel and technical 
resources to provide timely support to law enforcement authorities 
and the intelligence community by conducting document and com- 
puter exploitation of materials collected in Federal, State, and local 
law enforcement activity associated with counter-drug, counter-ter- 
rorism, and national security investigations and operations. 



Payment to Kaho'oiawe Island Conveyance, Remediation, and 
Environmental Restoration Fund 

For payment to Kaho'oiawe Island Conveyance, Remediation, 
and Environmental Restoration Fund, as authorized by law, 
$75,000,000, to remain avedlable until expended. 

National Security Education Trust Fund 

For the purposes of title VIII of Public Law 102-183, 
$8,000,000, to be derived from the National Secvu^ity Education 
Trust Fund, to remain available until expended. 

TITLE VIII 



10 use 1584 
note 



GENERAL PROVISIONS 

Sec. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author- 
ized by the Congress. 

Sec. 8002. During the current fiscal year, provisions of law 
prohibiting the pajrment of compensation to, or employment of, 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further. That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the Republic of Turkey. 

Sec. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, unless expressly so provided herein. 

Sec. 8004. No more than 20 percent of the appropriations 
in this Act which are limited for obhgation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer 
camp training of the Reserve Officers' Training Corps. 



173 



116 STAT. 1572 



PUBLIC LAW 107-248— OCT. 23, 2002 



Deadlhe. 



Deadlfae. 
Reports. 



10 use 2784 
note 



Guidelnes. 
Procedures. 



Sec. 8146. The Secretary of Defense may modify the grant 
made to the State of Maine pursuant to section 310 of the 2002 
Supplemental Appropriations Act for Further Recovery From and 
Response To Terrorist Attacks on the United States (PubUc Law 
107-206) such that the modified grant is for purposes of supporting 
community adjustment activities relating to the closure of the Naval 
Security Group Activity, Winter Harbor, Msiine (the naval base 
on Schoodic Point, within Acadia National Park), and the reuse 
of such Activity, including reuse as a research and education center 
the activities of which may be consistent with the purposes of 
Acadia National Petrk, as determined by the Secretary of the 
Interior. The grant may be so modified not later than 60 days 
after the date of the enactment of this Act. 

Sec. 8147. None of the funds appropriated by this Act may 
be used for leasing of transportATIP aircraft under any contract 
entered into under any procurement procedures other than pursuant 
to the Competition and Contracting Act. 

Sec. 8148. (a) Funds appropriated by title II under the heading 
"Operation and Maintenance, Defense-Wide" may be used by the 
Military Commimity and Family Policy Office of the Department 
of Defense for the operation of multidisciplinary, impartial domestic 
violence fatality review teams of the Department of Defense that 
operate on a confidential basis. 

(b) Of the total amount appropriated by title II under the 
heading "Operation and Maintenance, Defense-Wide", $5,000,000 
may be used for an advocate of victims of domestic violence to 
provide confidential assistance to victims of domestic violence at 
military installations. 

(c) Not later than June 30, 2003, the Secretary of Defense 
shall submit to the Congress a report on the implementation of 
the recommendations included in the reports submitted to the Sec- 
retary by the Defens e Task Force on Domestic Violence. 

Sec. 8149. (a) Limitation on Number of Government Charge 
Card Accounts during Fiscal Year 2003.— The total number 
of accounts for government purchase charge cards and government 
travel charge cards for Department of Defense personnel during 
fiscal year 2003 may not exceed 1,500,000 accounts. 

(b) Requirement for Creditworthiness for Issuance of 
Government Charge Card.— (1) The Secretary of Defense shall 
evaluate the creditworthiness of an individual before issuing the 
individual a government purchase charge card or government travel 
charge card. 

(2) An individual may not be issued a government purchase 
charge card or government travel charge card if the individual 
is found not credit worthy as a result of the evaluation under 
paragraph (1). 

(c) Disciplinary Action for Misuse of Government Charge 
Card. — (1) The Secretary shall establish guidelines and procedures 
for disciplinary actions to be taken against Department personnel 
for improper, fraudulent, or abusive use of government purchase 
charge cards and government travel charge cards. 

(2) The guideUnes and procedures under this subsection shall 
include appropriate disciplinary actions for use of charge cards 
for purposes, and at establishments, that are inconsistent with 
the official business of the Department or with applicable standards 
of conduct. 

(3) The disciplinary actions imder this subsection may include — 



174 



PUBLIC LAW 107-248— OCT. 23, 2002 116 STAT. 1577 

This Act may be cited as the "Department of Defense Appropria- 
tions Act, 2003". 

Approved October 23, 2002. 



LEGISLATIVE HISTORY — H.R. 5010: 

HOUSE REPORTS: Nos. 107-532 (Comm. on Appropriations) and 107-732 

(Comm. of Conference). 
SENATE REPORTS: No. 107-213 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

June 27, considered and passed House. 

July 31, Aug. 1, considered and passed Senate, amended. 

Oct. 10, House agreed to conference report. 

Oct. 16, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 

Oct. 23, Presidential remarks and statement. 



o 



175 



PUBLIC LAW 107-256— OCT. 29, 2002 



116 STAT. 1735 



Public Law 107-256 
107th Congress 



An Act 



To authorize the Secretary of the Interior to conduct a study of the suitability 
and feasibility of establishing the Niagara Falls National Heritage Area in the 
State of New York, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Niagara Falls National Heritage 
Area Study Act". 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Secretary. — ^The term "Secretarj^' means the Secretary 
of the Interior. 

(2) Study area. — ^The term "study area" means lands in 
Niagara County, New York, along and in the vicinity of the 
Niagara River. 

SEC. 3. NIAGABA FALLS NATIONAL HERITAGE AREA STUDY. 

(a) In General. — The Secretary shall conduct a study of the 
suitabiUty and feasibility of establishing a heritage area in the 
State of New York to be known as the "Niagara Falls National 
Heritage Area". 

(b) Analyses and Documentation.— The study shall include 
analysis and docum entation of whether the study area — 

(1) contains an assemblage of natural, historical, scenic, 
and cultural resources that represent distinctive aspects of 
the heritage of the United States that — 

(A) are worthy of recognition, conservation, interpreta- 
tion, and continued use; and 

(B) would best be managed — 

(i) through partnerships among public and private 
entities; and 

(ii) by combining diverse and sometimes noncontig- 
uous resources and active commimities; 

(2) reflects traditions, customs, beliefs, and folklife that 
are a valuable part of the stoiy of the United States; 

(3) provides outstanding opportxmities to conserve natural, 
historical, scenic, or cultural features; 

(4) provides outstanding recreational and educational 
opportunities; 

(5) contains resources important to the identified theme 
of the study area that retain a degree of integrity capable 
of supporting interpretation; 



Oct. 29, 2002 
[S. 1227] 



Niagara Falls 
National 
Heritage Area 
Study Act. 



176 



116 STAT. 1736 PUBLIC LAW 107-256— OCT. 29, 2002 

(6) includes residents, business interests, nonprofit 
organizations, and State and local governments that — 

(A) are involved in planning a national heritage area; 

(B) have developed a conceptual financial plan for a 
national heritage area that outUnes the roles for aU partici- 
pants, including the Federal Government; and 

(C) have demonstrated support for the concept of a 
national heritage area; 

(7) has a potential management entity to work in partner- 
ship with residents, business interests, nonprofit organizations, 
and State Jind local governments to develop a national heritage 
area consistent with continued State and local economic 
activity; and 

(8) has a conceptual boundary map that is supported by 
the public. 

(c) Consultation. — In conducting the study, the Secretary 
shall consult with — 

(1) State and local agencies; and 

(2) interested organizations within the study area. 
Deadlfae. (d) REPORT. — Not later than 3 fiscal years after the date on 

which funds are made available to carry out this Act, the Secretary 
shall submit to the Committee on Resources of the House of Rep- 
resentatives and the Committee on Energy and NatursJ Resources 
of the Senate a report that describes the findings, conclusions, 
and recommendations of the study under subsection (a). 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated $300,000 to carry out 
this Act. 

Approved October 29, 2002. 



LEGISLATIVE HISTORY— S. 1227: 

HOUSE REPORTS: No. 107-668 (Comm. on Resources). 

SENATE REPORTS: No. 107-179 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 148 (2002): 

Aug. 1, considered and passed Senate. 

Oct. 16, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 

Oct. 30, Presidential statement. 



o 



177 



116 STAT. 1994 



PUBLIC LAW 107-282— NOV. 6, 2002 



Nov. 6, 2002 
[H.R. 5200] 



Clark County 
Conservaticn of 
Public Land and 
Natvral 

Resources Act of 
2002. 
16 use 
460qqqnote. 



Public Law 107- 
107th Congress 



■282 



An Act 



To establish wilderness areas, promote conservation, improve public land, and pro- 
vide for high quality development in Clark County, Nevada, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Clark County Conservation 
of PubUc Land and Natural Resources Act of 2002". 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Authorization of appropriations. 

TITLE I— RED ROCK CANYON NATIONAL CONSERVATION AREA LAND 
EXCHANGE AND BOUNDARY ADJUSTMENT 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Sec. 103. Findings and purposes. 

Sec. 104. Red Rock Ctmyon land exchange. 

Sec. 105. Status and management of lands. 

Sec. 106. General provisions. 

TITLE II— WILDERNESS AREAS 

Sec. 201. Findings. 

Sec. 202. Additions to National Wilderness Preservation System. 

Sec. 203. Administration. 

Sec. 204. Adjacent management. 

Sec. 205. Military overflights. 

Sec. 206. Native Americtm cultursd and religious uses. 

Sec. 207. Release of wilderness study areas. 

208. Wildlife management. 

209. Wildfire management. 

210. Climatological data collection. 

211. National Park Service lands. 



Sec. 
Sec. 
Sec. 
Sec. 



TITLE III— TRANSFERS OF ADMINISTRATIVE JURISDICTION 



Sec. 301. Transfer of administrative jurisdiction to the United States Fish and 

Wildlife Service. 
Sec. 302. Transfer of administrative jurisdiction to National Park Service. 

TITLE IV— AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND 
MANAGEMENT ACT 
Sec. 401. Disposal and exchange. 

TITLE V— IVANPAH CORRIDOR 

Sec. 501. Interstate Route 15 south corridor. 

Sec. 502. Area of Critical Environmental Concern segregation. 



* 



178 



PUBLIC LAW 107-282— NOV. 6, 2002 116 STAT. 1999 

the correction of technical errors or omissions in the Red Rock 
Map. 

(d) Withdrawal of Affected Lands.— To the extent not 
already accompUshed under law or administrative action, the Sec- 
retary shall withdraw from operation of the pubhc land and mining 
laws, subject to vaUd existing rights — 

(1) those Federal lands acquired by the United States under 
this Act; and 

(2) those Federal lands already owned by the United States 
on the date of enactment of this Act but included within the 
Red Rock National Conservation Area boundaries by this Act. 

TITLE II~WILDERNESS AREAS 

SEC. 201. FINDINGS. 

The Congress finds that — 

(1) pubhc land in the County contains unique and spectac- 
ular natural resources, including — 

(A) priceless habitat for numerous species of plants 
and wildlife; and 

(B) thousands of acres of pristine land that remain 
in a natural state; 

(2) continued preservation of those areas would benefit 
the County and all of the United States by — 

(A) ensuring the conservation of ecologically diverse 
habitat; 

(B) conserving primitive recreational resources; and 

(C) protecting air and water quality. 

SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
SYSTEM. 

(a) Additions.— The following land in the State is designated 16USC1132 
as wilderness and as components of the National Wilderness note 
Preservation System: 

(1) Arrow canyon wilderness.— Certain Federal land 
managed by the Bureau of Land Management, comprising 
approximately 27,530 acres, as generally depicted on the map 
entitled "Arrow Canyon", dated October 1, 2002, which shall 
be known as the "Arrow Canyon Wilderness". 

(2) Black canyon wilderness.— Certain Federal land 
within the Lake Mead National Recreation Area and an adja- 
cent portion of Federal land managed by the Bureau of Land 
Management, comprising approximately 17,220 acres, as gen- 
erally depicted on the map entitled "Eldorado/Spirit Mountain", 
dated October 1, 2002, which shall be known as the "Black 
Canyon Wilderness". 

(3) Bridge canyon wilderness.— Certain Federal land 
within the Lake Mead National Recreation Area, comprising 
approximately 7,761 acres, as generally depicted on the map 
entitled "Eldorado/Spirit Mountain", dated October 1, 2002, 
which shall be known as the "Bridge Canyon Wilderness". 

(4) Eldorado wilderness.— Certain Federal land within 
the Lake Mead National Recreation Area and an adjacent por- 
tion of Federal land managed by the Bureau of Land Manage- 
ment, comprising approximately 31,950 acres, as generally 
depicted on the map entitled "Eldorado/Spirit Mountain", dated 



179 



116 STAT. 2000 PUBLIC LAW 107-282— NOV. 6, 2002 

October 1, 2002, which shall be known as the "Eldorado Wilder- 
ness". 

(5) IRETEBA PEAKS WILDERNESS.— Certain Federal land 
within the Lake Mead National Recreation Area and an adja- 
cent portion of Federal land managed by the Bureau of Land 
Management, comprising approximately 32,745 acres, as gen- 
erally depicted on the map entitled "Eldorado/Spirit Moimtain", 
dated October 1, 2002, which shall be known as the "Ireteba 
Peaks Wilderness". 

(6) JiMBILNAN WILDERNESS. — Certain Federal land within 
the Lake Mead National Recreation Area, comprising approxi- 
mately 18,879 acres, as generally depicted on the map entitled 
"Muddy Mountains", dated October 1, 2002, which shall be 
known as the "Jimbilnan Wilderness". 

(7) Jumbo springs wilderness.— Certain Federal land 
managed by the Bureau of Land Management, comprising 
approximately 4,631 acres, as generally depicted on the map 
entitled "Gold Butte", dated October 1, 2002, which shall be 
known as the "Jumbo Springs Wilderness". 

(8) La madre mountain wilderness.— Certain Federal 
land within the Toiyabe National Forest and an adjacent por- 
tion of Federal land managed by the Bxireau of Land Manage- 
ment, comprising approximately 47,180 acres, as generally 
depicted on the map entitled "Spring Mountains", dated October 
1, 2002, which shall be known as the "La Madre Mountain 
Wilderness". 

(9) Lime canyon wilderness.— Certain Federal land man- 
aged by the Bureau of Land Management, comprising approxi- 
mately 23,233 acres, as generally depicted on the map entitled 
"Gold Butte", dated October 1, 2002, which shall be known 
as the "Lime Canyon Wilderness". 

(10) Mt. Charleston wilderness additions.— Certain 
Federal land within the Toiyabe National Forest and an adja- 
cent portion of Federal land managed by the Bureau of Land 
Management, comprising approximately 13,598 acres, as gen- 
erally depicted on the map entitled "Spring Mountains", dated 
October 1, 2002, which shall be included in the Mt. Charleston 
Wilderness. 

(11) Muddy mountains wilderness.— Certain Federal 
land within the Lake Mead National Recreation Area and an 
adjacent portion of land managed by the Bureau of Land 
Management, comprising approximately 48,019 acres, as gen- 
erally depicted on the map entitled "Muddy Moimtains", dated 
October 1, 2002, which shall be known as the "Muddy Moun- 
tains Wilderness". 

(12) Nellis wash wilderness.— Certain Federal land 
within the Lake Mead National Recreation Area, comprising 
approximately 16,423 acres, as generally depicted on the map 
entitled "Eldorado/Spirit Mountain", dated October 1, 2002, 
which shall be known as the "Nellis Wash Wilderness". 

(13) North mccullough wilderness.— Certain Federal 
land managed by the Bureau of Land Management, comprising 
approximately 14,763 acres, as generally depicted on the map 
entitled "McCulloughs", dated October 1, 2002, which shall 
be known as the "North McCullough Wilderness". 

(14) Pinto valley wilderness.— Certain Federal land 
within the Lake Mead National Recreation Area, comprising 



180 



PUBLIC LAW 107-282— NOV. 6, 2002 116 STAT. 2001 

approximately 39,173 acres, as generally depicted on the map 
entitled "Muddy Mountains", dated October 1, 2002, which 
shall be known as the "Pinto Valley Wilderness". 

(15) Rainbow mountain wilderness.— Certain Federal 
land within the Toiyabe National Forest and an adjacent por- 
tion of Federal land managed by the Bureau of Land Manage- 
ment, comprising approximately 24,997 acres, as generally 
depicted on the map entitled "Spring Mountains", dated October 
1, 2002, which shall be known as the "Rainbow Mountain 
Wilderness". 

(16) South mccullough wilderness.— Certain Federal 
land managed by the Bureau of Land Management, comprising 
approximately 44,245 acres, as generally depicted on the map 
entitled "McCuHoughs", dated October 1, 2002, which shall 
be known as the "South McCullough WUdemess". 

(17) Spmrr mountain wilderness.— Certain Federal land 
within the Lake Mead National Recreation Area and an adja- 
cent portion of Federal land managed by the Bureau of Land 
Management, comprising approximately 33,518 acres, as gen- 
erally depicted on the map entitled "Eldorado/Spirit Mountain", 
dated October 1, 2002, which shall be known as the "Spirit 
Mountain Wilderness". 

(18) Wee thump joshua tree wilderness.— Certain Fed- 
eral land managed by the Bureau of Land Management, com- 
prising approximately 6,050 acres, as generally depicted on 
the map entitled "McCulloughs", dated October 1, 2002, which 
shall be known as the "Wee Thump Joshua Tree Wilderness". 

(b) Boundary.— 

(1) Lake offset. — The boundary of £iny portion of a wilder- 
ness area designated by subsection (a) that is bordered by 
Lake Mead, Lake Mohave, or the Colorado River shall be 300 
feet inland from the high water line. 

(2) Road offset. — The boimdary of any portion of a wilder- 
ness area designated by subsection (a) that is bordered by 
a road shall be at least 100 feet from the edge of the road 
to allow public access. 

(c) Map and Legal Description.— 

(1) In general. — As soon as practicable after the date 
of enactment of this Act, the Secretary shall file a map and 
legal description of each wilderness area designated by sub- 
section (a) with the Committee on Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate. 

(2) Effect. — Each map and legal description shall have 
the same force and effect as if included in this section, except 
that the Secretary may correct clerical and typographical errors 
in the map or legal description. 

(3) Availability. — Each map and legal description shall Public inspectbn. 
be on file and available for public inspection in the appropriate 

offices of the Bureau of Land Management, National Park 
Service, or Forest Service, as applicable. 

(d) Withdrawal. — Subject to valid existing rights, the wilder- 
ness areas designated in this section are withdrawn from — 

(1) all forms of entry, appropriation, and disposal under 
the public land laws; 

(2) location, entry, and patent under the mining laws; 
and 



181 



116 STAT. 2002 PUBLIC LAW 107-282— NOV. 6, 2002 

(3) operation of the mineral leasing, mineral materials, 
and geothennal leasing laws. 

SEC. 203. ADMINISTRATION. 

(a) Management. — Subject to valid existing rights, each area 
designated as wilderness by this title shall be administered by 
the Secretary in accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), except that — 

(1) any reference in that Act to the effective date shall 
be considered to be a reference to the date of enactment of 
this Act; and 

(2) any reference in that Act to the Secretary of Agriculture 
shall be considered to be a reference to the Secretary of the 
Interior with respect to lands administered by the Secretary 
of the Interior. 

(b) Livestock. — Within the wUdemess areas designated under 
this title that are administered by the Bureau of Land Management, 
the grazing of Uvestock in areas in which grazing is established 
as of the date of enactment of this Act shall be allowed to continue, 
subject to such reasonable regulations, policies, and practices that 
the Secretary considers necessary, consistent with section 4(d)(4) 
of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the guide- 
lines set forth in Appendix A of House Report lo 1—405. 

(c) Incorporation of Acquired Lands and Interests.— Any 
land or interest in land within the boundaries of an area designated 
as wilderness by this title that is acquired by the United States 
after the date of enactment of this Act shall be added to and 
administered as part of the wilderness area within which the 
acquired land or interest is located. 

(d) Water Rights.— 

(1) Findings.— Congress finds that— 

(A) the lands designated as Wilderness by this Act 
are within the Mojave Desert, are arid in nature, and 
include ephemeral streams; 

(B) the hydrology of the lands designated as wilderness 
by this Act is locally characterized by complex flow patterns 
and alluvial fans with impermanent channels; 

(C) the subsurface hydrogeology of the region is 
characterized by ground water subject to local and regional 
flow gradients and artesian aquifers; 

(D) the lands designated as wilderness by this Act 
£u-e generally not suitable for use or development of new 
water resource facilities and there are no actual or proposed 
water resource faciUties and no opportunities for diversion, 
storage, or other uses of water occurring outside such lands 
that would adversely affect the wilderness or other values 
of such lands; and 

(E) because of the unique nature and hydrology of 
these desert lands designated as wilderness by this Act 
and the existence of the Clark Coimty Multi-Species 
Habitat Conservation Plan it is possible to provide for 
proper management and protection of the wilderness, 
perennial springs and other values of such lands in ways 
different from those used in other legislation. 

(2) Statutory construction.— 

(A) Nothing in this Act shall constitute or be construed 
to constitute either an express or implied reservation by 



182 



PUBLIC LAW 107-282— NOV. 6, 2002 116 STAT. 2003 

the United States of any water or water rights with respect 
to the lands designated as Wilderness by this Act. 

(B) Nothing in this Act shall affect any water rights 
in the State of Nevada existing on the date of the enactment 
of this Act, including any water rights held by the United 
States. 

(C) Nothing in this subsection shall be construed as 
establishing a precedent with regard to any future wilder- 
ness designations. 

(D) Nothing in this Act shall be construed as limiting, 
altering, modifying, or amending any of the interstate com- 
pacts or equitable apportionment decrees that apportion 
water among and between the State of Nevada and other 
States. 

(E) Nothing in this subsection shall be construed as 
limiting, altering, modifying, or amending the Clark County 
Multi-Species Habitat Conservation Plan (MSHCP) with 
respect to the lands designated as Wilderness by this Act 
including the MSHCP's specific management actions for 
the conservation of perennial springs. 

(3) Nevada water law.— The Secretary shall follow the 
procedural and substantive requirements of the law of the 
State of Nevada in order to obtain and hold any water rights 
not in existence on the date of enactment of this Act with 
respect to the wilderness areas designated by this Act. 

(4) New projects.— 

(A) As used in this paragraph, the term "water 
resource" facility means irrigation and pvunping facilities, 
reservoirs, water conservation works, aqueducts, canals, 
ditches, pipelines, wells, hydropower projects, and trans- 
mission and other ancillary facilities, and other water diver- 
sion, storage, and carriage structures. The term "water 
resource" facility does not include wildlife guzzlers. 

(B) Except as otherwise provided in this Act, on and 
after the date of the enactment of this Act, neither the 
President nor any other officer, employee, or agent of the 
United States shall fund, assist, authorize, or issue a 
license or permit for the development of any new water 
resource facility within the wUdemess areas designated 
by this Act. 

SEC. 204. ADJACENT MANAGEMENT. 

(a) In General. — Congress does not intend for the designation 
of wilderness in the State pursuant to this title to lead to the 
creation of protective perimeters or buffer zones around any such 
wilderness area. 

(b) Nonwilderne SS Activities.— The fact that nonwildemess 
activities or uses can be seen or heard from areas within a wilder- 
ness designated imder this title shall not preclude the conduct 
of those activities or uses outside the boundary of the wilderness 
area. 

SEC. 205. MILITARY OVERFLIGHTS. 

Nothing in this title restricts or precludes — 

(1) low-level overflights of military aircraft over the areas 
designated as wilderness by this title, including military over- 
flights that can be seen or heard within the wilderness areas; 

(2) flight testing and evaluation; or 



183 



116 STAT. 2004 PUBLIC LAW 107-282— NOV. 6, 2002 

(3) the designation or creation of new units of special 
use airspace, or the estabUshment of military flight training 
routes, over the wilderness areas. 

SEC. 206. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES. 

Nothing in this Act shall be construed to diminish the rights 
of any Indian Tribe. Nothing in this Act shall be construed to 
diminish tribal rights reg£irding access to Federal lands for tribal 
activities, including spiritual, cultural, and traditional food-gath- 
ering activities. 

SEC. 207. RELEASE OF WILDERNESS STUDY AREAS. 

(a) Finding. — Congress finds that, for the purposes of section 
603 of the Federal Land PoUcy and Management Act of 1976 (43 
U.S.C. 1782), the pubUc land in the County administered by the 
Bureau of Land Management and the Forest Service in the following 
areas have been adequately studied for wilderness designation: 

(1) The Garrett Buttes Wilderness Study Area. 

(2) The QuaU Springs WUdemess Study Area. 

(3) The Nellis A, B, C Wilderness Study Area. 

(4) Any portion of the wilderness study areas — 

(A) not designated as wilderness by section 202(a); 
and 

(B) designated for release on — 

(i) the map entitled "Muddy Mountains" and dated 
October 1, 2002; 

(ii) the map entitled "Spring Mountains" and dated 
October 1, 2002; 

(iii) the map entitled "Arrow Canyon" and dated 
October 1, 2002; 

(iv) the map entitled "Gold Butte" and dated 
October 1, 2002; 

(v) the map entitled "McCullough Mountains" and 
dated October 1, 2002; 

(vi) the map entitled "El Dorado/Spirit Mountain" 
and dated October 1, 2002; or 

(vii) the map entitled "Southern Nevada Public 
Land Management Act" and dated October 1, 2002. 

(b) Release. — Except as provided in subsection (c), any pubUc 
land described in subsection (a) that is not designated as wilderness 
by this title — 

(1) is no longer subject to section 603(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
and 

(2) shall be managed in accordance with — 

(A) land management plans adopted luider section 202 
of that Act (43 U.S.C. 1712); and 

(B) existing cooperative conservation agreements. 

(c) Right-OF-Way Grant.— The Secretary shall issue to the 
State-regulated sponsor of the Centennial Project the right-of-way 
for the construction and maintenance of two 500-kilovolt electrical 
transmission hnes. The construction shall occur within a 500-foot- 
wide corridor that is released from the Sunrise Mountains Instant 
Study Area in the County as depicted on the Southern Nevada 
Public Land Management Act map, dated October 1, 2002. 



184 



PUBLIC LAW 107-282— NOV. 6, 2002 116 STAT. 2005 

SEC. 208. WILDLIFE MANAGEMENT. 

(a) InG ENERAL. — In accordance with section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects 
or diminishes the jurisdiction of the State with respect to fish 
and wildlife management, including the regulation of hunting, 
fishing, and trapping, in the wilderness areas designated by this 
title. 

(b) Management Activities. — In furtherance of the purposes 
and principles of the Wilderness Act, management activities to 
maintain or restore fish and wildlife populations and the habitats 
to support such populations may be carried out within wilderness 
areas designated by this title where consistent with relevant wilder- 
ness management plans, in accordance with appropriate pohcies 
such as those set forth in Appendix B of House Report 101—405, 
including the occasional and temporary use of motorized vehicles, 
if such use, as determined by the Secretary, would promote healthy, 
viable, and more naturally distributed wildlife populations that 
would enhance wilderness values and accomphsh those purposes 
with the minimtun impact necessary to reasonably accomphsh the 
task. 

(c) Existing Activities.— Consistent with section 4(d)(1) of the 
Wilderness Act (16 U.S.C. 1133(d)) and in accordance with appro- 
priate policies such as those set forth in Appendix B of House 
Report 101-405, the State may continue to use aircraft, including 
helicopters, to survey, capture, transplant, monitor, and provide 
water for wildhfe populations, including bighorn sheep, and feral 
stock, horses, and burros. 

(d) WiLDUFE Water Development Projects.— Subject to sub- 
section if), the Secretary shEill, authorize structures and facilities, 
including existing structures and facilities, for wildlife water 
development projects, including guzzlers, in the wilderness areas 
designated by this title if — 

(1) the structures and facilities wiU, as determined by 
the SecretEiry, enhance wilderness values by promoting healthy, 
viable and more natiu^ally distributed wildlife populations; and 

(2) the visual impacts of the structures euid facilities on 
the wilderness areas can reasonably be minimized. 

(e) Hunting, FiSfflNG, and Trapping.— The Secretary may des- 
ignate by regulation areas in consultation with the appropriate 
State agency (except in emergencies), in which, and establish 
periods during which, for reasons of public safety, administration, 
or compliance with apphcable laws, no hunting, fishing, or trapping 
will be permitted in the wilderness areas designated by this title. 

(f) Cooperative Agreement. — No later than one year after Deadlhe. 
the date of enactment of this Act, the Secretary shall enter into 

a cooperative agreement with the State of Nevada. The cooperative 
agreement shall specify the terms and conditions under which the 
State (including a designee of the State) may use wildlife manage- 
ment activities in the wilderness areas designated by this title. 

SEC. 209. WILDFIRE MANAGEMENT. 

Consistent with section 4 of the Wilderness Act (16 U.S.C. 
1133), nothing in this title precludes a Federal, State, or local 
agency from conducting wildfire management operations (including 
operations using aircraft or mechanized equipment) to manage 
wildfires in the wilderness areas designated by this title. 



185 



116 STAT. 2006 



PUBLIC LAW 107-282— NOV. 6, 2002 



SEC. 210. CLIMATOLOGICAL DATA COLLECTION. 

Subject to such terms and conditions as the Secretary may 
prescribe, nothing in this title precludes the installation and mainte- 
nance of hydrologic, meteorologic, or climatological collection devices 
in the wilderness areas designated by this title if the facilities 
and access to the facilities are essential to flood warning, flood 
control, and water reservoir operation activities. 

SEC. 211. NATIONAL PARK SERVICE LANDS. 

To the extent any of the provisions of this title are in conflict 
with laws, regulations, or management policies applicable to the 
National Park Service for Lake Mead National Recreation Area, 
those laws, regulations, or policies shall control. 

TITLE III— TRANSFERS OF 
ADMINISTRATIVE JURISDICTION 

16USC668dd SEC. 301. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE 

note UNITED STATES FISH AND WHDUFE SERVICE. 

(a) In General. — ^Administrative jurisdiction over the land 
described in subsection (b) is transferred from the Bureau of Land 
Management to the United States Fish and Wildlife Service for 
inclusion in the Desert National Wildlife Range. 

(b) Description of Land. — The parcel of land referred to in 
subsection (a) is the approximately 26,433 acres of land adminis- 
tered by the Bureau of Land Management as generally depicted 
on the map entitled "Arrow Canyon" and dated October 1, 2002. 

(c) Wilderness Release.— 

(1) Congress finds that the parcel of land described in 
subsection (b) has been adequately studied for vdldemess des- 
ignation for the purposes of section 603(c) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1782(c)). 

(2) The parcel of land described in subsection (b) — 

(A) shall not be subject to section 603(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1782(c)); and 

(B) shall be managed in accordance with 

(i) the National Wildlife Refuge System Adminis- 
tration Act, as amended by the National Wildlife 
Refuge System Improvement Act of 1997 (16 U.S.C. 
668dd-668ee); and 

(ii) existing cooperative conservation agreements. 

16 use 460D-1 SEC. 302. TRANSFER OF ADMINISTRATIVE JURISDICTION TO NATIONAL 
note PARK SERVICE. 

(a) In General. — ^Administrative jurisdiction over the parcel 
of land described in subsection (b) is transferred from the Bureau 
of Land Management to the National Park Service for inclusion 
in the Lake Mead National Recreation Area. 

(b) Description of Land. — The parcel of land referred to in 
subsection (a) is the approximately 10 acres of Bureau of Land 
Management land, as depicted on the map entitled "Eldorado/Spirit 
Mountain" and dated October 1, 2002. 

(c) Use OF Land. — The parcel of land described in subsection 
(b) shall be used by the National Park Service for administrative 
facilities. 



186 



PUBLIC LAW 107-282— NOV. 6, 2002 116 STAT. 2019 

(2) in subsection (f)(2)(B), by adding at the end the fol- 
lowing: 

"(v)Sec. 7.". 

Approved November 6, 2002. 



LEGISLATIVE fflSTORY — H.R. 5200 (S. 2612): 

HOUSE REPORTS: No. 107-750 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

Oct. 16, considered and passed House. 

Oct. 17, considered and passed Senate. 

o 



187 



116 STAT. 2064 



PUBLIC LAW 107-295— NOV. 25, 2002 



Public Law 107-295 
107th Congress 



An Act 



Nov. 25, 2002 
[S. 1214] 



Maritime 

Transpoitation 

Security Act of 

2002. 

46 use 2101 

note 



To amend the Merchant Marine Act, 1936, to establish a program to ensure greater 
security for United States seaports, and for other pvirposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) Short Title.— This Act may be cited as the "Maritime 
Transportation Security Act of 2002". 

(b) Table of Contents .—The table of contents for this Act 
is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I— MARITIME TRANSPORTATION SECURITY 

Findings. 

Port security. 

International seafairer identification. 

Extension of seaward jurisdiction. 

Suspension of limitation on strength of Coast Guard. 

Extension of Deepwater Port Act to natural gas. 

Assignment of Coast Guard personnel as sea marshals and enhanced use 

of other security personnel. 
Technical amendments concerning the transmittal of certain information 

to the Customs Service. 
Maritime security professional training. 
Additional reports. 
Performance standards. 
Report on foreign-flag vessels. 
Revision of Port Security Planning Guide. 

TITLE II— MARITIME POLICY IMPROVEMENT 

Short title. 

Vessel COASTAL VENTURE. 

Expamsion of American Merchant Marine Memorial Wall of Honor. 

Discharge of agricultural cargo residue. 

Recording and discharging notices of claim of maritime lien. 

Tonnage of BJV DAVIDSON. 

Miscellaneous certificates of documentation. 

Exemption for Victory Ships. 

Certificate of docimientation for 3 barges. 

Certificate of documentation for the EAGLE. 

Waiver for vessels in New World Challenge Race. 

Vessel ASPHALT COMMANDER. 

Coastwise trade authorization. 

Jones Act waiver for delayed vessel delivery. 

Realignment of policy responsibility in the Department of Transportation. 

TITLE III— COAST GUARD PERSONNEL AND MARITIME SAFETY 

Sec. 301. Short title. 

Subtitle A — Personnel Management 

Sec. 311. Coast Guard band director rank. 



Sec. 


101. 


Sec. 


102. 


Sec. 


103. 


Sec. 


104. 


Sec. 


105. 


Sec. 


106. 


Sec. 


107. 


Sec. 


108. 


Sec. 


109. 


Sec. 


110. 


Sec. 


111. 


Sec. 


112. 


Sec. 


113. 


Sec. 


201. 


Sec. 


202. 


Sec. 


203. 


Sec. 


204. 


Sec. 


205. 


Sec. 


206. 


Sec. 


207. 


Sec. 


208. 


Sec. 


209. 


Sec. 


210. 


Sec. 


21L 


Sec. 


212. 


Sec. 


213. 


Sec. 


214. 


Sec. 


215. 



188 



PUBLIC LAW 107-295— NOV. 25, 2002 116 STAT. 2065 

Sec. 312. Compensatory absence for isolated duty. 

Sec. 313. Accelerated promotion of certain Coast Guard officers. 

Subtitle B — Marine Safety 

Sec. 321. Extension of Territorial Sea for Vessel Bridge-to-Bridge Radiotelephone 

Act. 
Sec. 322. Modification of various reporting requirements. 

Sec. 323. Oil SpUl Liability Trust Fund; emergency fund advancement authority. 
Sec. 324. Merchant mariner documentation requirements. 
Sec. 325. Penedties for negligent operations and interfering with safe operation. 

Subtitle C — Renewal of Advisory Groups 

Sec. 331. Commercifd Fishing Industry Vessel Advisory Committee. 

Sec. 332. Houston-Galveston Navigation Safety Advisory Committee. 

Sec. 333. Lower Mississippi River Waterway Advisory Committee. 

Sec. 334. Navigation Safety Advisory Coimcil. 

Sec. 335. National Boating Safety Advisory Council. 

Sec. 336. Towing Safety Advisory Committee. 

Subtitle D — Miscellaneous 

Sec. 341. Patrol craft. 

Sec. 342. Boating safety. 

Sec. 343. Caribbean support tender. 

Sec. 344. Prohibition of new maritime user fees. 

Sec. 345. Great Lakes lighthouses. 

Sec. 346. Modernization of National Distress and Response System. 

Sec. 347. Conveyance of Coast Guard property in Portland, Maine. 

Sec. 348. Additional Coast Guard funoing needs after September 11, 2001. 

Sec. 349. Miscellaneous conveyances. 

TITLE IV— OMNIBUS MARITIME IMPROVEMENTS 

Sec. 401. Short title. 

Sec. 402. Extension of Coast Guard housing authorities. 

Sec. 403. Inventory of vessels for cable laying, maintenance, and repair. 

Sec. 404. Vessel escort operations and towing assistance. 

Sec. 405. Search and rescue center standards. 

Sec. 406. VHF communications services. 

Sec. 407. Lower Columbia River maritime fire and safety activities. 

Sec. 408. Conforming references to the former Merchant Msirine and Fisheries 
Committee. 

Sec. 409. Restriction on vessel documentation. 

Sec. 410. Hypothermia protective clothing requirement. 

Sec. 411. Reserve officer promotions. 

Sec. 412. Regular lieutenant commanders and commanders; continuation upon fail- 
ure of selection for promotion. 

Sec. 413. Reserve student pre-commissioning assistance program. 

Sec. 414. Continuation on active duty beyond thirty years. 

Sec. 415. Payment of death gratuities on behalf of Coast Guard auxiliarists. 

Sec. 416. Align Coast Guard severance pay and revocation of commission authority 
with Department of Defense authority. 

Sec. 417. Long-term lease authority for lighthouse property. 

Sec. 418. Maritime Drug Law Enforcement Act amendments. 

Sec. 419. Wing-in-ground craft. 

Sec. 420. Electronic filing of commercial instruments for vessels. 

Sec. 421. Deletion of thumbprint reauirement for merchant mariners' documents. 

Sec. 422. Temporary certificates of documentation for recreational vessels. 

Sec. 423. Marine casualty investigations involving foreign vessels. 

Sec. 424. Conveyance of Coast Gusu-d property in Hampton Township, Michigan. 

Sec. 425. Conveyance of property in Traverse City, Micnigan. 

Sec. 426. Annual report on Coast Guard capabilities and readiness to fulfill na- 
tional defense responsibilities. 

Sec. 427. Extension of authorization for oil spill recovery institute. 

Sec. 428. Protection against discrimination. 

Sec. 429. Icebreaking services. 

Sec. 430. Fishing vessel safetjy training. 

Sec. 431. Limitation on liabibty of pilots at Coast Guard Vessel Traffic Services. 

Sec. 432. Assistance for marine safety station on Chicago lakefiront. 

Sec. 433. Extension of time for recreational vessel and associated equipment re- 
calls. 

Sec. 434. Repair of municipal dock, Escanaba, Michigan. 

Sec. 435. Vessel GLOBAL EXPLORER. 



189 



116 STAT. 2066 PUBLIC LAW 107-295— NOV. 25, 2002 

Sec. 436. Aleutian trade. 

Sec. 437. Pictured Rocks National Lakeshore boundsiry revision. 

Sec. 438. Loran-C. 

Sec. 439. Authorization of payment. 

Sec. 440. Report on oil spill responder immiinity. 

Sec. 441. Fishing agreements. 

Sec. 442. Electronic publishing of marine casualty reports. 

Sec. 443. Safety and security of ports and waterways. 

Sec. 444. Suspension of payment. 

Sec. 445. Prohibition on navigation fees. 

TITLE V— AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD 

Sec. 501. Short title. 

Sec. 502. Authorization of appropriations. 

Sec. 503. Authorized levels of military strength and training. 

TITLE I— MARITIME TRANSPORTATION 
SECURITY 

46 use 70101 SEC. 101. FINDINGS. 

The Congress makes the following findings: 

(1) There are 361 public ports in the United States that 
are an integral part of our Nation's commerce. 

(2) United States ports handle over 95 percent of United 
States overseas trade. The total volume of goods imported and 
exported through ports is expected to more than double over 
the next 20 years. 

(3) The variety of trade and commerce carried out at ports 
includes bulk cargo, containerized cargo, passenger transport 
and tourism, and intermodal transportation systems that are 
complex to secxire. 

(4) The United States is increasingly dependent on 
imported energy for a substantial share of its energy supply, 
and a disruption of that share of supply would seriously harm 
consvuners and oiu" economy. 

(5) The top 50 ports in the United States account for 
about 90 percent of all the cargo tonnage. Twenty-five United 
States ports account for 98 percent of all container shipments. 
Cruise ships visiting foreign destinations embark from at least 
16 ports. Ferries in the United States transport 113,000,000 
passengers and 32,000,000 vehicles per year. 

(6) Ports often are a major locus of Federal crime, including 
drug trafficking, cargo theft, and smuggling of contraband and 
aliens. 

(7) Ports are often very open and exposed and are suscep- 
tible to large scale acts of terrorism that could cause a large 
loss of life or economic disruption. 

(8) Current inspection levels of containerized cargo are 
insufficient to counter potential security risks. Technology is 
currently not adequately deployed to allow for the nonintrusive 
inspection of containerized cargo. 

(9) The cruise ship industry poses a special risk from 
a security perspective. 

(10) Securing entry points and other areas of port facilities 
and examining or inspecting containers would increase security 
at United States ports. 

(11) Biometric identification procedures for individuals 
having access to secvu-e areas in port facilities are important 



190 



PUBLIC LAW 107-295— NOV. 25, 2002 



116 STAT. 2113 



by the United States for as long as they are needed for 
this purpose; 

(B) the owner of the property may not interfere or 
allow interference in any manner with aids to navigation 
without express written permission from the Commandant 
of the Coast Guard; 

(C) there is reserved to the United States the right 
to relocate, replace, or add any aid to navigation or make 
any changes to the property conveyed as may be necessary 
for navigational purposes; 

(D) the United States shall have the right, at any 
time, to enter the property without notice for the purpose 
of operating, maintaining, and inspecting aids to navigation 
and for the purpose of enforcing compliance with this sub- 
section; and 

(E) the United States shall have an easement of access 
to and across the property for the purpose of maintaining 
the aids to navigation in use on the property. 

(4) MAllSfTENANCE OF PROPER TY.— (A) Subject to subpara- 
graph (B), the owner of a property conveyed under this section 
shall maintain the property in a proper, substantial, and 
workmanlike manner, and in accordance with any conditions 
established by the conveying authority pursuant to the National 
Historic Preservation Act (16 U.S.C. 470 et seq.) and other 
applicable laws. 

(B) The owner of a property conveyed imder this section 
is not reqviired to maintain any active aid to navigation equip- 
ment on the property, except private aids to navigation per- 
mitted vmder section 83 of title 14, United States Code. 

(c) Special Terms and Conditions.— The Secretary may retain 
all right, title, and interest of the United States in and to any 
portion of any parcel referred to in subsection (a)(1)(B) that the 
Secretary considers appropriate. 

(d) Definitions. — In this section, the following definitions 
apply: 

(1) Aids to navigation.— The term "aids to navigation" 
means equipment used for navigation purposes, including a 
light, antenna, radio, sound signal, electronic navigation equip- 
ment, or other associated equipment which are operated or 
maintained by the United States. 

(2) Owner. — The term "owner" means, for a property con- 
veyed under this section, the person identified in subsection 
(a)(1) of the property and includes any successor or assign 
of that person. 

TITLE IV— OMNIBUS MARITIME 
IMPROVEMENTS 

SEC. 401. SHORT TITLE. 

This title may be cited as the "Omnibus Maritime and Coast 
Guard Improvements Act of 2002". 

SEC. 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES. 

(a) Housing Contractors.— Section 681(a) of title 14, United 
States Code, is amended by inserting ", including a small business 



Omnbus 
Maritime and 
Coast Guard 
Imprcvements 
Act of 2002. 
14 use 1 note. 



191 



PUBLIC LAW 107-295— NOV. 25, 2002 116 STAT. 2129 

(A) the value of land and existing facilities used for 
the project; and 

(B) any costs incurred for site work performed before 
the date of the enactment of this Act, including costs for 
reconstruction of the east breakwater wall and associated 
utihties. 

SEC. 433. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND 
ASSOCIATED EQUIPMENT RECALLS. 

Section 4310(c) of title 46, United States Code, is amended — 

(1) in each of paragraphs (2)(A) and (2)(B) by striking 
"5" and inserting "10"; and 

(2) in each of paragraphs (1)(A), (1)(B), and (1)(C) by 
inserting "by first class mail or" before "by certified mail". 

SEC. 434. REPAIR OF MUNICIPAL DOCK, ESCANABA, MICHIGAN. 

The Secretary of Transportation may transfer to the City of 
Escanaba, Michigan, up to $300,000 of funds appropriated for Coast 
Guard acquisition, construction, and improvements by Public Law 
107-87, for the repair of the North wall of the mimicipal dock, 
Escanaba, Michigan. 

SEC. 435. VESSEL GLOBAL EXPLORER. 

The Secretary of Treinsportation shall amend the certificate 
of documentation of the vessel GLOBAL EXPLORER (United States 
official number 556069) to state that the vessel was built in the 
year 2002 in Gulfport, Mississippi. 

SEC. 436. ALEUTIAN TRADE. 

(a) LOADLINES.— Section 5102(b)(5)(B)(ii) of title 46, United 
States Code, is amended by inserting "is not" after "(ii)". 

(b) Implementation. — Except as provided in subsection (c), 46 use 5102 
a fish tender vessel that before January 1, 2003, transported cargo note 

(not including fishery related products) in the Aleutian trade is 
subject to chapter 51 of title 46, United States Code (as amended 
by subsection (a) of this section). 

(c) Exception.— 46USC5io2 

(1) In general.— Before December 31, 2006, the BOWFIN note 
(United States official number 604231) is exempt from chapter 

51 of title 46, United States Code (as amended by subsection 
(a) of this section) when engaged in the Aleutian trade, if 
the vessel does not undergo a major conversion. 

(2) Ensuring safety.— Before the date referred to in para- 
graph (1), a Coast Guard official who has reason to believe 
that the vessel referred to in paragraph (1) operating under 
this subsection is in a condition or is operated in a manner 
that creates an immediate threat to life or the environment 
or is operated in a manner that is inconsistent with section 
3302 of title 46, United States Code, may direct the master 
or individual in charge to take immediate and reasonable steps 
to safeguard life and the environment, including directing the 
vessel to a port or other refuge. 

SEC. 437. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY REVI- 16 USC460a-15. 
SION. 

(a) Transfer. — As soon as practicable after the date of enact- 
ment of this Act, the Administrator of General Services may transfer 



192 



116 STAT. 2130 PUBLIC LAW 107-295— NOV. 25, 2002 

to the Secretary, without consideration, administrative jurisdiction 
over, and management of, the pubhc land. 

(b) Boundary Revision.— The boundary of the Lakeshore is 
revised to include the public land transferred under subsection 
(a). 

. (c) Availability of Map.— The map shall be on file and avail- 
able for public inspection in the appropriate offices of the National 
Park Service. 

(d) Administration. — The Secretary may administer the pubUc 
land transferred under section (a) — 

(1) as part of the Lakeshore; and 

(2) in accordance with applicable laws (including regula- 
tions). 

(e) Access to Aids to Navigation.— The Secretary of 
Transportation, in consultation with the Secretary, may access the 
front and rear range hghts on the public land for the purposes 
of servicing, operating, maintaining, and repairing those lights. 

(f) Definitions.— In this section: 

(1) Lakeshore. — The term "Lakeshore" means the Rctured 
Rocks National Lakeshore in the State of Michigan. 

(2) Map. — The term "map" means the map entitled "Pro- 
posed Addition to Pictured Rocks National Lakeshore", num- 
bered 625/80048, and dated April 2002. 

(3) Public land.— The term "public land" means the 
approximately .32 acres of United States Coast Guard land 
and improvements to the land, including the United States 
Coast Guard Auxiliary Operations Station and the front and 
rear range lights, as depicted on the map. 

(4) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

(g) Authorization of Appropriations.— There are authorized 
to be appropriated to the Secretary $225,000 to restore, preserve, 
and maintain the public land transferred under subsection (a). 

SEC. 438. LORAN-C. 

There are authorized to be appropriated to the Department 
of Transportation, in addition to funds authorized for the Coast 
Guard for operation of the LORAN-C system, for capital expenses 
related to LORAN-C navigation infrastructure, $25,000,000 for 
fiscal year 2003. The Secretary of Transportation may transfer 
from the Federal Aviation Administration and other agencies of 
the Department funds appropriated as authorized under this section 
in order to reimburse the Coast Guard for related expenses. 

SEC. 439. AUTHORIZATION OF PAYMENT. 

(a) In General. — The Secretary of the Treasury shall pay 
the simi of $71,000, out of funds in the Treasury not otherwise 
appropriated, to the State of Hawaii, such sum being the damages 
arising out of the June 19, 1997, allision by the United States 
Coast Guard Cutter RUSH with the ferry pier at Barber's Point 
Harbor, Hawaii. 

(b) Full Settlement. — The payment made under subsection 
(a) is in full settlement of all claims by the State of Hawaii against 
the United States arising from the Jiuie 19, 1997, allision. 

33 use 1321 SEC. 440. REPORT ON OIL SPILL RESPONDER IMMUNITY. 

Deadlhe. (a) REPORT TO CONGRESS.— Not later than January 1, 2004, 

the Secretary of the department in which the Coast Guard is 



193 



116 STAT. 2134 PUBLIC LAW 107-295— NOV. 25, 2002 

$3,500,000 is authorized to be derived each fiscal year from 
the Oil Spill Liability Trust Fund to carry out the purposes 
of section 1012(a)(5) of the Oil Pollution Act of 1990. 

(4) For retired pay (including the pajmient of obligations 
otherwise chargeable to lapsed appropriations for this purpose), 
payments imder the Retired Serviceman's Family Protection 
and Survivor Benefit Plans, and payments for medical care 
of retired personnel and their dependents under chapter 55 
of title 10, United States Code, $889,000,000. 

(5) For alteration or removal of bridges over navigable 
waters of the United States constituting obstructions to naviga- 
tion, and for personnel and administrative costs associated 
with the Bridge Alteration Program, $18,000,000, to remain 
available until expended. 

(6) For environmental compliance and restoration at Coast 
Guard facihties (other than parts and equipment associated 
with operations and maintenance), $17,000,000, to remain 
available until expended. 

SEC. 503. AUTHORIZED LEVELS OF RHLITARY STRENGTH AND 
TRAINING. 

(a) Active Duty Strength.— The Coast Guard is authorized 
an end-of-year strength for active duty personnel of 45,500 as 
of September 30, 2003. 

(b) Military Training Student Loads.— The Coast Guard 
is authorized average military training student loads as follows: 

(1) For recruit and special training for fiscal year 2003, 
2,250 student years. 

(2) For flight training for fiscal year 2003, 125 student 
years. 

(3) For professional training in military and civilian institu- 
tions for fiscal year 2003, 300 student years. 

(4) For officer acquisition for fiscal year 2003, 1,150 student 
years. 

Approved November 25, 2002. 



LEGISLATIVE HISTORY— S. 1214 (H.R. 3983): 

HOUSE REPORTS: Nos. 107-405 accompanying H.R. 3983 (Comm. on Transpor- 
tation and Infrastructure) and 107-777 (Comm. of Conference). 
SENATE REPORTS: No. 107-64 (Comm. on Commerce, Science, and Transpor- 
tation). 
CONGRESSIONAL RECORD: 

Vol. 147 (2001): Dec. 20, considered and passed Senate. 
Vol. 148 (2002): June 4, considered and passed House, amended, in lieu of 
H.R. 3983. 
Nov. 14, Senate and House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Nov. 25, Presidential statement. 



o 



194 



116 STAT. 2446 



PUBLIC LAW 107-308— DEC. 2, 2002 



Public Law 107-308 
107th Congress 



Dec 2, 2002 
[H.R. 3908] 



North American 

Wetlands 

Conservation 

Reauthorization 

Act. 

16 use 4401 

note. 



An Act 



To reauthorize the North American Wetlands Conservation Act, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE, 

This Act may be cited as the "North American Wetlands Con- 
servation Reauthorization Act". 

SEC. 2. AMENDMENT OF NORTH AMERICAN WETLANDS CONSERVA- 
TION ACT. 

Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an eunendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
North American Wetlands Conservation Act (16 U.S.C. 4401 et 
seq.). 

SEC. 3. FINDINGS AND STATEMENT OF PURPOSE. 

(a) Finding.— Section 2(a)(1) (16 U.S.C. 4401(a)(1)) is amended 
by striking "and other habitats" and inserting "and associated habi- 
tats". 

(b) Purposes.— Section 2(b) (16 U.S.C. 4401(b)) is amended— 

(1) in paragraph (1) by striking "and other habitats for 
migratory birds" and inserting "and habitats associated with 
wetland ecosystems"; 

(2) in paragraph (2) by inserting "wetland associated" 
before "migratory bird"; and 

(3) in paragraph (3) — 

(A) by inserting "wetland associated" before "migratory 
birds"; and 

(B) by inserting ", the United States Shorebird Con- 
servation Plan, the North American Waterbird Conserva- 
tion Plan, the Partners In Flight Conservation Plans," after 
"North American Waterfowl Management Plan". 

SEC. 4. DEFINITION OF WETLANDS CONSERVATION PROJECT. 

Section 3(9) (16 U.S.C. 4402(9)) is amended— 

(1) in subparagraph (A) by inserting "of a wetland eco- 
system and associated habitat" after "including water rights,"; 
and 

(2) in subparagraph (B) by striking "and other habitat" 
and inserting "and associated habitat". 



195 



PUBLIC LAW 107-308— DEC. 2, 2002 116 STAT. 2447 

SEC. 6. REAUTHORIZATION. 

Section 7(c) (16 U.S.C. 4406(c)) is amended by striking "not 
to exceed" and all that follows and inserting "not to exceed — 
"(1) $55,000,000 for fiscal year 2003; 
"(2) $60,000,000 for fiscal year 2004; 
"(3) $65,000,000 for fiscal year 2005; 
"(4) $70,000,000 for fiscal year 2006; and 
"(5) $75,000,000 for fiscal year 2007.". 

SEC. 6. ALLOCATION. 

Section 8(a) (16 U.S.C. 4407(a)) is amended— 

(1) in paragraph (1) — 

(A) by striking "(but at least 50 per centum and not 
more than 70 per centum thereof)" and inserting "(but 
at least 30 percent £ind not more than 60 percent)"; and 

(B) by striking "4 per centum" and inserting "4 per- 
cent"; and 

(2) in paragraph (2) by striking "(but at least 30 per centum 
and not more than 50 per centum thereof)" and inserting "(but 
at least 40 percent £ind not more than 70 percent)". 

SEC. 7. CLARIFICATION OF NON-FEDERAL SHARE OF THE COST OF 
APPROVED WETLANDS CONSERVATION PROJECTS. 

Section 8(b) (16 U.S.C. 4407(b)) is amended by striking so 
much as precedes the second sentence and inserting the following: 

"(b) Cost Sharing.— (1) Except as provided in paragraph (2), 
as a condition of providing assistance under this Act for any 
approved wetlands conservation project, the Secretary shall require 
that the portion of the costs of the project paid with amounts 
provided by non-Federal United States sources is equal to at least 
the amount allocated under subsection (a) that is used for the 
project. 

"(2) Federal moneys allocated under subsection (a) may be 
used to pay 100 percent of the costs of such projects located on 
Federal lands and waters, including the acquisition of inholdings 
within such lands and waters. 

"(3)". 

SEC. 8. TECHNICAL CORRECTIONS. 

(a) The North American Wetlands Conservation Act is amended 
as follows: 

(1) In section 2(a)(10) (16 U.S.C. 4401(a)(10)), by inserting 
"of 1973" afl;er "Species Act". 

(2) In section 2(a)(12) (16 U.S.C. 4401(a)(12)), by inserting 
"and in 1994 by the Secretary of Sedesol for Mexico" after 
"United States". 

(3) In section 3(2) (16 U.S.C. 4402(2)), by striking "Com- 
mittee on Merchant Marine and Fisheries of the United States 
House of Representatives" and inserting "Committee on 
Resources of the House of Representatives". 

(4) In section 3(5) (16 U.S.C. 4402(5)), by inserting "of 
1973" after "Species Act". 

(5) In section 3(6) (16 U.S.C. 4402(6)), by inserting after 
"1986" the following: ", and by the Secretary of Sedesol for 
Mexico in 1994, and subsequent dates". 

(6) In section 4(a)(1)(B) (16 U.S.C. 4403(a)(1)(B)), by 
striking "section 3(2)(B)" and inserting "section 3(g)(2)(B)". 



196 



116 STAT. 2448 PUBLIC LAW 107-308— DEC. 2, 2002 

(7) In section 4(c) (16 U.S.C. 4403(c)), in the matter pre- 
ceding paragraph (1), by striking "Commission" and inserting 
"Council". 

(8) In section 5(a)(5) (16 U.S.C. 4404(a)(5)), by inserting 
"of 1973" after "Species Act". 

(9) In section 5(b) (16 U.S.C. 4404(b)), by striking "by 
January 1 of each year," and inserting "each year". 

(10) In section 5(d) (16 U.S.C. 4404(d)), by stnking "one 
Council member" and inserting "2 Council members". 

(11) In section 5(f) (16 U.S.C. 4404(f)), by striking "sub- 
section (d)" and inserting "subsection (e)". 

(12) In section 10(1)(C) (16 U.S.C. 4409(1)(C)), by striking 
"western hemisphere pursuant to section 17 of this Act" and 
inserting "Western Hemisphere pursuant to section 16". 

(13) In section 10(1)(D) (16 U.S.C. 4409(1)(D)), by striking 
the period and inserting "; and". 

(14) In section 16(a) (16 U.S.C. 4413), by striking "western 
hemisphere" and inserting "Western Hemisphere". 

16 use 4403. (b)(1) Section 112(1) of PubUc Law 101-593 (104 Stat. 2962) 

is amended by striking "and before the period". 
Effective date. (2) Paragraph (1) of this subsection shall be effective on and 

16 use 4403 after the effective date of section 112(1) of Public Law 101-593 

°°*« (104 Stat. 2962). 

SEC. 9. CHESAPEAKE BAY INITIATIVE. 

Section 502(c) of the Chesapeake Bay Initiative Act of 1998 
(16 U.S.C. 461 note; Pubhc Law 105-312) is amended by striking 
"2003" and inserting "2008". 

Approved December 2, 2002. 



LEGISLATIVE HISTORY— H.R. 3908: 

HOUSE REPORTS: No. 107-421 (eomm. on Resources). 

SENATE REPORTS: No. 107-304 (eomm. on Environment and Public Works). 

CONGRESSIONAL RECORD, Vol. 148 (2002): 

May 7, considered and passed House. 

Nov. 14, considered and passed Senate, amended. House concurred in Senate 
amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 

Dec. 2, Presidential remarks. 



o 



197 



116 STAT. 2458 PUBLIC LAW 107-314— DEC. 2, 2002 



PubUc Law 107-314 
107th Congress 

An Act 

Dec. 2, 2002 To authorize appropriations for fiscal year 2003 for militfiry activities of the Depart- 
rjiR 45461 ment of Defense, for military construction, and for defense activities of the Depart- 

ment of Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
Bob Stump the United States of America in Congress assembled, 

Authorization SECTION 1. SHORT TITLE; FINDINGS. 

A^pf for yiscfll 

Year 2003. (^) SHORT TITLE. — This Act may be cited as the "Bob Stump 

National Defense Authorization Act for Fiscal Year 2003". 
(b) Findings. — Congress makes the following findings: 

(1) Representative Bob Stump of Arizona was elected to 
the House of Representatives in 1976 for service in the 95th 
Congress, after serving in the Arizona legislature for 18 years 
and serving as President of the Arizona State Senate from 
1975 to 1976, and he has been reelected to each subsequent 
Congress. 

(2) A World War II combat veteran, Representative Stump 
entered service in the United States Navy in 1943, just after 
his 16th birthday, and served aboard the USS LUNGA POINT 
and the USS TULAGI, which participated in the invasions 
of Luzon, Iwo Jima, and Okinawa. 

(3) Representative Stump was elected to the Committee 
on Armed Services in 1978 and has served on nearly all of 
its subcommittees and panels during 25 years of distinguished 
service on the committee. He has served as chairman of the 
committee during the 107th Congress and has championed 
United States national security as the paramount fimction of 
the Federal Government. 

(4) Also serving on the Committee on Veterans' Affairs 
of the House of Representatives, chairing that committee from 
1995 to 2000, and serving on the Permanent Select Committee 
on Intelligence of the House of Representatives, including 
service as the ranking minority member in 1985 and 1986, 
Representative Stump has dedicated his entire congressional 
career to steadfastly supporting America's courageous men and 
women in uniform both on and off the battlefield. 

(5) Representative Stump's tireless efforts on behalf of those 
in the military and veterans have been recognized with 
numerous awards for outstanding service from active duty and 
reserve military, veterans' service, military retiree, and 
industry organizations. 



198 



116 STAT. 2468 PUBLIC LAW 107-314— DEC. 2, 2002 

Sec. 1402. Comprehensive plan for improving the preparedness of military installa- 
tions for terrorist incidents. 

Sec. 1403. Additional Weapons of Mass Destruction Civil Support Teams. 

Sec. 1404. Report on the role of the Department of Defense m supporting homeland 
security. 

Sec. 1405. Sense of Congress on Department of Defense assistance to local first re- 
sponders. 

TITLE XV— AUTHORIZATION OF APPROPRIATIONS FOR THE WAR ON 

TERRORISM 

Sec. 1501. Authorization of appropriations for continued operations for the war on 

terrorism. 
Sec. 1502. Mobilization and personnel. 
Sec. 1503. Operations. 

Sec. 1504. Equipment replacement and enhancement. 
Sec. 1505. Classified activities. 
Sec. 1506. Procurement of munitions. 
Sec. 1507. Discretionary restoration of authorizations of appropriations reduced for 

management efficiencies. 
Sec. 1508. Genersd provisions applicable to transfers. 

DIVISION B— MILITARY CONSTRUCTION 
AUTHORIZATIONS 

Sec. 2001. Short title. 

TITLE XXI— ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2002 projects. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2001 project. 

TITLE XXII— NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2002 projects. 

TITLE XXIII— AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations. Air Force. 

Sec. 2305. Authority for use of military construction funds for construction of public 
road near Aviano Air Base, Italy, to replace road closed for force protec- 
tion purposes. 

TITLE XXIV— DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Improvements to military family housing units. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations. Defense Agencies. 

Sec. 2405. Modification of auinoriiy to carry out certain fiscal year 2000 project. 

Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project. 

Sec. 2407. Modification of authority to carry out certain fiscal year 1997 project. 

TITLE XXV— NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI— GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 

TITLE XXVII— EXPIRATION AND EXTENSION OF AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and tunounts required to be specified by 
law. 



199 



PUBLIC LAW 107-314— DEC. 2, 2002 116 STAT. 2469 

Sec. 2702. Extension of authorizations of certain fiscal year 2000 projects. 
Sec. 2703. Extension of authorizations of certtdn fiscal year 1999 projects. 

TITLE XXVin— GENERAL PROVISIONS 

Subtitle A — ^Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Lease of military family housing in Korea. 

Sec. 2802. Modification of alternative authority for acquisition and improvement of 

military housing. 
Sec. 2803. Pilot housing privatization authority for acquisition or construction of 

military unaccompanied housing. 
Sec. 2804. Repeal of source requirements for family housing construction overseas. 
Sec. 2805. Availability of energy cost savings realized at military installations. 

Subtitle B — ^Real Property and Facilities Administration 

Sec. 2811. Agreements to limit encroachments and other constraints on military 

training, testing, and operations. 
Sec. 2812. Conveyeuice of surplus real property for natural resource conservation 

purposes. 
Sec. 2813. Modification of demonstration program on reduction in long-term facility 

maintenance costs. 
Sec. 2814. Expanded authority to transfer property at mUitary installations to be 

closed to persons who construct or provide mihtary family housing. 

Subtitle C — ^Land Conveyances 

Part I— Army Conveyances 

Sec. 2821. Tremsfer of jurisdiction, Fort McClellan, Alabama, to establish Mountain 

Longleaf National Wildlife Refuge. 
Sec. 2822. Land conveyances, lands in Alaska no longer required for National 

Guard purposes. 
Sec. 2823. Land conveyance. Sunflower Army Ammunition Plant, Kansas. 
Sec. 2824. Land conveyances, Bluegrass Army Depot, Richmond, Kentucky. 
Sec. 2825. Land conveyance. Fort Campbell, Kentucky. 

Sec. 2826. Land conveyance. Army Reserve Training Center, Buffalo, Minnesota. 
Sec. 2827. Land conveyance. Fort Monmouth, New Jersey. 
Sec. 2828. Land conveyance. Fort Bliss, Texas. 
Sec. 2829. Land conveyance. Fort Hood, Texas. 
Sec. 2830. Land conveyances. Engineer Proving Ground, Fort Belvoir, Virginia. 

Part II— Navy Conveyances 

Sec. 2831. Land conveyance. Marine Corps Air Station, Miramar, San Diego, Cali- 
fornia. 

Sec. 2832. Modification of authority for land transfer and conveyance, Naval Secu- 
rity Group Activity, Winter Harbor, Maine. 

Sec. 2833. Land conveyance, Westover Air Reserve Base, Massachusetts. 

Sec. 2834. Land conveyance. Naval Station, Newport, Rhode Island. 

Sec. 2835. Land exchange and boundary adjustments, Meoine Corps Base, 
Quantico, and Prince William Forest Park, Virginia. 

Part III— Air Force Conveyances 

Sec. 2841. Modification of land conveyance, Los Angeles Air Force Base, California. 

Sec. 2842. Land exchange, Buckley Air Force Base, Colorado. 

Sec. 2843. Land conveyances, Wendover Air Force Base Auxiliary Field, Nevada. 

Subtitle D— Other Matters 

Sec. 2851. Master plan for use of Navy Annex, Arlington, Virginia. 

Sec. 2852. Sale of excess treated water and wastewater treatment capacity. Marine 

Corps Base, Camp Lejeune, North Carolina. 
Sec. 2853. Conveyance of real property, Adak Naval Complex, Alaska, and related 

land conveyances. 
Sec. 2854. Special requirement for adding military installation to closure list. 



200 



PUBLIC LAW 107-314— DEC. 2, 2002 116 STAT. 2481 

Secretary of Defense for Acquisition, Technology, and Logistics"; 
and 

(2) in subsection (b)(2) — 

(A) by striking "multiyear" and inserting "future 
years"; and 

(B) by striking "section 114a" and inserting "section 
221". 

SEC. 213. REVISED REQUIREMENTS FOR PLAN FOR MANUFACTURING 
TECHNOLOGY PROGRAM. 

(a) Streamlined Contents of Plan.— Subsection (e) of section 
2521 of title 10, United States Code, is amended by striking "pre- 
pare a five-year plan" in paragraph (1) and all that foUows through 
the end of subparagraph (B) of paragraph (2) and inserting the 
following: "prepare £uid maintain a five-year plan for the program. 

"(2) The plan shall establish the following: 

"(A) The overall manufacturing tecmiology objectives, mile- 
stones, priorities, and investment strategy for the program. 

"(B) The specific objectives of, and funding for the program 
by, each military department and each Defense Agency partici- 
pating in the program.". 

(b) Biennial Report. — Such subsection is further amended 
in paragraph (3) — 

(1) by striking "annually" and inserting 'Tsiennially"; and 

(2) by striking "for a fiscal year" and inserting "for each 
even-numbered fiscal year". 

SEC. 214. ADVANCED SEAL DELIVERY SYSTEM. 

(a) Transfer of Funds. — To the extent provided in appropria- 
tions Acts, the amount described in subsection (b) shall be trans- 
ferred to amounts available for fiscal year 2003 for research, 
development, test, and evaluation. Defense- Wide, and shall be avail- 
able only for research, development, test, and evaluation relating 
to the Advanced SEAL DeHvery System. 

(b) Amount ToB e Transferred.— The amoimt referred to 
in subsection (a) is the amount of $13,700,000 that was authorized 
and appropriated for fiscal year 2002 for procurement of the 
Advanced SEAL Delivery System within amounts for Procurement, 
Defense-Wide. 

(c) Transfer Authority in Addition to Other Authority. — 
The transfer authority provided by this section is in addition to 
any other transfer authority provided by 1 aw. 

SEC. 215. ARMY EXPERIMENTATION PROGRAM REGARDING DESIGN 
OF THE OBJECTIVE FORCE. 

(a) Requirement for Report.— Not later than March 31, 2003, Deadliie. 
the Secretary of the Army shall submit to Congress a report on 

the experimentation program regarding design of the objective force 
that is required by subsection (g) of section 113 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001, 
as added by section 113 of the National Defense Authorization 
Act for Fiscal Year 2002 (PubUc Law 107-107; 115 Stat. 1029). 

(b) Budget Display. — ^Amounts provided for the experimen- 
tation program in the budget for fiscal year 2004 that is submitted 
to Congress imder section 1105(a) of title 31, United States Code, 
shall be displayed as a distinct program element in that budget 
and in the supporting documentation submitted to Congress by 
the Secretary of Defense. 



201 



116 STAT. 2702 PUBLIC LAW 107-314— DEC. 2, 2002 

TITLE XXVIII— GENERAL PROVISIONS 

Subtitle A — Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Lease of military family housing in Korea. 

Sec. 2802. Modification of alternative authority for acquisition and improvement of 

military housing. 
Sec. 2803. Pilot housing privatization authority for acquisition or construction of 

military unaccompeinied housing. 
Sec. 2804. Repetd of source requirements for family housing construction overseas. 
Sec. 2805. Availability of energy cost savings realized at military installations. 

Subtitle B — Real Property and Facilities Administration 

Sec. 2811. Agreements to limit encroachments and other constraints on military 

training, testing, and operations. 
Sec. 2812. Conveyance of surplus real property for natural resource conservation 

Ooses. 
fication of demonstration program on reduction in long-term faciUty 
medntenance costs. 
Sec. 2814. Expanded authority to transfer property at military installations to be 
closed to persons who construct or provide military family housing. 

Subtitle C — Land Conveyances 

Part I— Army Conveyances 

Sec. 2821. Transfer of jurisdiction. Fort McClellan, Alabama, to establish Mountain 

Longleaf National Wildlife Refuge. 
Sec. 2822. Land conveyances, lands in Alaska no longer required for Nationed 

Guard piu-poses. 
Sec. 2823. Land conveyance. Sunflower Army Ammunition Plant, Kansas. 
Sec. 2824. Land conveyances, Bluegrass Army Depot, Richmond, Kentucky. 
Sec. 2825. Land conveyance. Fort Campbell, Kentucky. 

Sec. 2826. Land conveyance, Army Reserve Training Center, Buffalo, Minnesota. 
Sec. 2827. Land conveyance. Fort Monmouth, New Jersey. 
Sec. 2828. Land conveyance. Fort Bliss, Texas. 
Sec. 2829. Land conveyance, Fort Hood, Texas. 
Sec. 2830. Land conveyances, Engineer Proving Ground, Fort Belvoir, Virginia. 

Part II— Navy Conveyances 

Sec. 2831. Land conveyance. Marine Corps Air Station, Miramar, Sam Diego, Cali- 
fornia. 

Sec. 2832. Modification of authority for lauid transfer and conveyance, Naved Secu- 
rity Group Activity, Winter Harbor, Maine. 

Sec. 2833. Land conveyance, Westover Air Reserve Base, Massachusetts. 

Sec. 2834. Land conveyance. Naval Station, Newport, Rhode Island. 

Sec. 2835. Land exchange and boundary adjustments. Marine Corps Base, 
Quantico, and Prince William Forest Park, Virginia. 

Part in— Am Force Conveyances 

Sec. 2841. Modification of land conveyance, Los Angeles Air Force Base, California. 

Sec. 2842. Land exchange, Buckley Air Force Base, Colorado. 

Sec. 2843. Land conveyances, Wendover Air Force Base Auxiliary Field, Nevada. 

Subtitle D— Other Matters 

Sec. 2851. Master plan for use of Navy Annex, Arlington, Virginia. 

Sec. 2852. Sale of excess treated water and wastewater treatment capacity. Marine 

Corps Base, Camp Lejeune, North Carolina. 
Sec. 2853. Conveyance of re£d property, Adak Naval Complex, Alaska, and related 

land conveyances. 
Sec. 2854. Special requirement for adding military installation to closure list. 

Subtitle A — ^Military Construction Program 
and Military Family Housing Changes 

SEC. 2801. LEASE OF MILITARY FAMILY HOUSING IN KOR£A. 

(a) INCREASE IN NUMBER OF UNITS AUTHORIZED FOR LEASE 

AT Current Maximum Amount.— Paragraph (3) of section 2828(e) 



202 



PUBLIC LAW 107-314— DEC. 2, 2002 116 STAT. 2719 

States, whether by cash payment, in-kind contribution, or a com- 
bination thereof, an amovmt that is not less than the fair market 
value, as determined by the Secretary, of the property conveyed 
imder such subsection. 

(2) In-kind consideration under paragraph (1) may include the 
maintenance, improvement, alteration, repair, remodeUng, restora- 
tion (including environmental restoration), or construction of facili- 
ties for the Department of the Army at Fort Belvoir or at any 
other site or sites designated by the Secretary. 

(3) If in-kind consideration under paragraph (1) includes the 
construction of facilities, the grantee shall also convey to the United 
States — 

(A) title to such facilities, free of all hens and other encum- 
brances; and 

(B) if the United States does not have fee simple title 
to the land underlying such facilities, convey to the United 
States aU right, title, and interest in and to such lands not 
held by the United States. 

(4) If the value of in-kind consideration to be provided under 
paragraph (1) exceeds $1,500,000, the Secretary may not accept 
such consideration until after the end of the 21-day period beginning 
on the date the Secretary notifies the congressional defense commit- 
tees of the decision of the Secretary to accept in-kind consideration 
in excess of that amount. 

(5) The Secretary shall deposit any cash received as consider- 
ation vmder this subsection in the special accovmt estabhshed pursu- 
ant to section 572(b) of title 40, United States Code. 

(d) Effect of Transfer of Administrative Jurisdiction.— 
If all or a portion of the real property authorized to be conveyed 
by this section is transferred to the administrative jurisdiction 
of the Administrator of General Services, the Administrator, rather 
than the Secretary of the Army, shall have the authority to convey 
such property imder this section. 

(e) Repeal of Superseded Authority. — Section 2821 of the 
Military Construction Authorization Act for Fiscal Years 1990 and 
1991 (division B of PubUc Law 101-189; 103 Stat. 1658), as amended 
by section 2854 of the Military Construction Authorization Act 
for Fiscal Year 1996 (division B of PubUc Law 104-106; 110 Stat. 
568), is repealed. 

(f) Description of Property.— The exact acreage and legal 
description of the real property to be conveyed under subsections 
(a) and (b) shall be determined by surveys satisfactory to the 
Secretary. The cost of each such svu-vey shall be borne by the 
grantee. 

(g) Additional Terms and Conditions.— The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under subsections (a) and (b) as the Secretary 
considers appropriate to protect the interests of the United States. 

PART II— NAVY CONVEYANCES 

SEC. 2831. LAND CONVEYANCE, MARD^ CORPS AIR STATION, 
MIRAMAR, SAN DIEGO, CALIFORNIA. 

(a) Conveyance Authorized.— The Secretary of the Navy may 
convey to the ENPEX Corporation, Incorporated (in this section 
referred to as the "Corporation"), all right, title, and interest of 
the United States in and to a parcel of real property, including 



203 



PUBLIC LAW 107-314— DEC. 2, 2002 116 STAT. 2723 

(2) The consideration received under paragraph (1) shall be 
deposited in the account established pursuant to section 572(b) 
of title 40, United States Code, and shall be available as provided 
for in that section. 

(c) Reimbursement for Costs of Conveyance .—(1) The Sec- 
retary may require the conveyee of the real property under sub- 
section (a) to reimburse the Secretary for any costs incurred by 
the Secretary in canying out the conveya nee. 

(2) Any reimbvu-sement for costs that is received under para- 
graph (1) sheill be credited to the fund or account providing funds 
for such costs. Amounts so credited shall be merged with amovmts 
in such fiind or account, and shall be available for the same pur- 
poses, and subject to the same conditions and limitations, as 
amovmts in such fvmd or account. 

(d) Description of Property. — The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 

(e) Additional Terms and Conditions.— The Secretary may 
require such additional terms and conditions in connection with 
the conveyance vmder subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 

SEC. 2835. LAND EXCHANGE AND BOUNDARY ADJUSTMENTS, MARINE 
CORPS BASE, QUANTICO, AND PRINCE WILLIAM FOREST 
PARK, VIRGINIA. 

(a) Land Exchange. — Administrative jurisdiction over certain 
lands at Prince WiUiam Forest Park, Virginia, and at the Marine 
Corps Base, Quantico, Virginia, shall be adjusted through the fol- 
lowing actions: 

(1) The Secretary of the Navy shall transfer, without 
reimbursement, to the administrative jurisdiction of the Sec- 
retary of the Interior approximately 352 acres of land, depicted 
as "Lands Transferred from Department of the Navy to Depart- 
ment of the Interior" on the map entitled "Boundary Adjust- 
ments Between Prince William Forest Park and Marine Corps 
Base, Quantico", numbered 860/80283, and dated May 1, 2002. 

(2) The Secretary of the Interior shall transfer, without 
reimbursement, to the administrative jurisdiction of the Sec- 
retary of the Navy approximately 3,398 acres of land, depicted 
as "Lands Transferred from Department of the Interior to 
Department of the Navy" on the map described in paragraph 
(1). 

(b) Retention of Certain Land.— The Secretary of the Interior 
shall continue to administer approximately 1,346 acres of land, 
depicted as "Lands Retained by Department of the Interior" on 
the map described in subsection (a)(1). Effective on the date of 
the enactment of this Act, the special use permit dated March 
16, 1972, which provides for the use of part of this land by the 
Marine Corps, shall no longer be in effect. 

(c) SUBSEQUENT DISPOSAL OF LAND.— (1) If any of the land 
described in subsection (a)(1) or (b) is determined to be excess 
to the needs of the Department of the Interior, the Secretary of 
the Interior shall offer to transfer, without reimbursement, adminis- 
trative jurisdiction over the land to the Secretary of the Navy. 

(2) If any of the land described in subsection (a)(2) is determined 
to be excess to the needs of the Department of the Navy, the 



204 



116 STAT. 2724 PUBLIC LAW 107-314— DEC. 2, 2002 

Secretary of the Navy shall offer to transfer, without reimburse- 
ment, administrative jurisdiction over the land to the Secretary 
of the Interior. 

(3) If an offer made under this subsection is not accepted 
within 90 days, the land covered by the offer may be disposed 
of in accordance with the laws and regulations governing the dis- 
posal of excess property. 

(d) Boundary Modification and Administration.— (1) The 
boundaries of Prince William Forest Park and the Marine Corps 
Base, Quantico, shall be modified to reflect the land exchanges 
or disposals made under this section. 

(2) Land transferred to the Secretary of the Interior under 
subsection (a)(1) or retained under subsection (b) shall be adminis- 
tered as part of Prince William Forest Park in accordance with 
applicable laws and regulations. 

(e) Availability of Map. — The map described in subsection 
(a)(1) shall be on file and available for public inspection in the 
appropriate offices of the National Park Service, Department of 
the Interior. 

(f) Conforming Amendments.— The Act of June 22, 1948 
(Chapter 596; 62 Stat. 571), is amended— 

(1) by striking the first section and inserting the following 
new section: 

"SECTION 1. PRINCE WILLIAM FOREST PARK, VIRGINLA. 

"Chopawamsic Park, which was established in 1933 as 
Chopawamsic Recreational Demonstration Area, shall be known 
as 'Prince William Forest Park'."; 

(2) in section 2 — 

(A) by striking "That all" and inserting "All"; and 

(B) by striking "the Chopawamsic Park" and inserting 
'Trince Wilham Forest Park"; and 

(3) in section 3 — 

(A) by striking "That the Secretary of the Interior 
and the Secretary of the Navy be, and they are hereby" 
and inserting "The Secretary of the Interior is"; and 

(B) by striking "the Chopawamsic Park" both places 
it appears and inserting "Prince WilUam Forest Park". 

PART III— AIR FORCE CONVEYANCES 

SEC. 2841. modification OF LAND CONVEYANCE, LOS ANGELES AIR 
FORCE BASE, CALIFORNIA. 

Section 2861(c) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
PubUc Law 106-398; 114 Stat. 1654A-433) is amended in the 
first sentence by striking "10 years" and inserting "30 years". 

SEC. 2842. LAND EXCHANGE, BUCKLEY AIR FORCE BASE, COLORADO. 

(a) Exchange Authorized.— For the purpose of facihtating 
the acquisition of real property suitable for the construction of 
military family housing for Buckley Air Force Base, Colorado, the 
Secretary of the Air Force may convey to the State of Colorado 
(in this section referred to as the "State") all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of all or part of the 
Watkins Communications Site in Arapahoe County, Colorado. 



205 



116 STAT. 2762 PUBLIC LAW 107-314— DEC. 2, 2002 

(1) The term "program or project" means, with respect 
to a field office of the Department of Energy, a program or 
project that is for weapons activities necessary for national 
security progrsims of the Department, that is being carried 
out by that office, and for which weapons activities fimds have 
been authorized and appropriat ed. 

(2) The term "weapons activities funds" means funds appro- 
priated to the Department of Energy pursuant to an authoriza- 
tion for carrying out weapons activities necessary for national 
security programs. 

42 use 7386k. SEC. 3631. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO- 

GRAMS OF THE DEPARTMENT OF ENERGY. 

Subject to the provisions of appropriation Acts and section 
3621, amounts appropriated pursuant to a DOE national security 
authorization for management and support activities and for genergd 
plant projects are available for use, when necessary, in connection 
with all national security programs of the Department of Energy. 

Approved December 2, 2002. 



LEGISLATIVE HISTORY — H.R. 4546 (S. 2514) (S. 2515): 

HOUSE REPORTS: Nos. 107-436, Pts. 1 and 2 (Comm. on Armed Services) and 

107-772 (Comm. of Conference). 
SENATE REPORTS: No. 107-151 accompanyinig S. 2514 (Comm. on Armed Serv- 

ic6s) 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

May 9, considered and passed House. 

June 27, considered and passed Senate, amended, in lieu of S. 2514. 

July 25, House concurred in Senate amendment with an amendment. 

Nov. 12, House agreed to conference report. 

Nov. 13, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 

Dec. 2, Presidential remarks and statement. 



o 



206 



PUBLIC LAW 107-315— DEC. 2, 2002 116 STAT. 2763 



Public Law 107-315 
107th Congress 

Joint Resolution 

Approving the location of the commemoratiTe work in the District of Columbia Dec. 2, 2002 

honoring former President John Adams. [HJ. Res. 117] 

Whereas section 8908 of title 40, United States Code, provides 
that the location of a commemorative work in the area described 
as Area I shall be deemed disapproved unless approved by law 
not later than 150 days after notification to Congress that the 
commemorative work should be located in Area I; 

Whereas Public Law 107-62 (115 Stat. 411) authorized the Adams 
Memorial Foimdation to establish a commemorative work on 
Federal land in the District of Columbia to honor former President 
John Adams and his legacy; and 

Whereas the Secretary of the Interior has notified Congress of 
her determination that a memorial to former President John 
Adams should be located in Area I: Now, therefore, be it 

Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

SECTION 1. APPROVAL OF COMMEMORATIVE WORK. 

Congress approves the location for the commemorative work 
to honor former President John Adams and his legacy, as authorized 
by Public Law 107-62 (115 Stat. 411), within Area I as described 
in section 8908 of title 40, United States Code, subject to the 
hmitation in section 2. 

SEC. 2. LIMITATION. 

The commemorative work approved in section 1 shall not be 
located within the Reserve. 

SEC. 3. DEFINITION OF RESERVE. 

In this resolution the term "Reserve" means the area of The 
National Mall extending from the United States Capitol to the 
Lincoln Memorial, and from the White House to the Jefferson 
Memorial, as depicted on the map entitled "Commemorative Areas 
Washington, DC and Environs," numbered 869/86501A and dated 
May 1, 2002. 

Approved December 2, 2002. 

LEGISLATIVE HISTORY — H.J. Res. 117: 

CONGRESSIONAL RECORD, Vol. 148 (2002): 
Nov. 14, considered and passed House. 
Nov. 20, considered and passed Senate. 

o 



207 



PUBLIC LAW 107-323— DEC. 4, 2002 116 STAT. 2787 



Public Law 107-323 
107th Congress 

An Act 

To require the display of the POW/MIA flag at the World War II Memorial, the Dec. 4, 2002 

Korean War Veterans Memorial, and the Vietnam Veterans Memorial. [S 1226] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, POW/MIA 

SECTION 1. SHORT TITLE. A^IS)!^ 

This Act may be cited as the "POW/MIA Memorial Flag Act 36 USC lOi note, 
of 2002". 

SEC. 2. DISPLAY OF POW/MIA FLAG AT WORLD WAR II MEMORIAL, 
KOREAN WAR MEMORIAL, AND VIETNAM VETERANS MEMO- 
RIAL. 

(a) Requirement for Display. — Subsection (d)(3) of section 
902 of title 36, United States Code, is amended by striking "The 
Korean War Veterans Memorial and the Vietnam Veterans Memo- 
rial" and inserting "The World War II Memorial, the Korean War 
Veterans Memorial, and the Vietnam Veterans Memorial". 

(b) Days for Display.— Subsection (c)(2) of that section is 
amended — 

(1) by redesignating subparagraphs (A) and (B) as subpara- 
graphs (B) and (C), respectively; and 

(2) by inserting before subparagraph (B), as so redesig- 
nated, the following new subparagraph (A): 

"(A) in the case of display at the World War II Memorial, 
Korean War Veterans Memorial, and Vietneun Veterans Memo- 
rial (required by subsection (d)(3) of this section), any day 
on which the United States flag is displayed;". 



208 



116 STAT. 2788 PUBLIC LAW 107-323— DEC. 4, 2002 

36 use 902 note. (c) DISPLAY ON EXISTING FLAGPOLE.— No element of the United 

States Government may construe the amendments made by this 
section as requiring the acquisition of erection of a new or additional 
flagpole for purposes of the display of the POW/MIA flag. 

Approved December 4, 2002. 



LEGISLATIVE HISTORY— S. 1226: 

CONGRESSIONAL RECORD, Vol. 148 (2002): 
Oct. 2, considered and passed Senate. 
Nov. 14, considered and passed House. 

o 



209 



116 STAT. 2790 PUBLIC LAW 107-325— DEC. 4, 2002 



Public Law 107-325 
107th Congress 

An Act 

Dec. 4, 2002 To amend the National Trails System Act to designate the Old Spanish Trail 

[S 1946] as a National Historic Trail. 

Be it enacted by the Senate and House of Representatives of 
Old Spanish the United States of America in Congress assembled, 

Trail Recognition 
Act of 2002. SECTION 1. SHORT TITLE. 

N©w r^6xico. 

CaUfomia. This Act may be cited as the "Old Spanish Trail Recognition 

16USC1241 Act of 2002". 

note. 

SEC. 2. AUTHORIZATION AND ADMINISTRATION. 

Section 5(a) of the National Trails System Act (16 U.S.C. 
1244(a)) is amended — 

(1) by redesignating the second paragraph (21) as para- 
graph (22); and 

(2) by adding at the end the following: 
"(23) Old Spanish national historic trail.— 

"(A) In general.— The Old Spanish National Historic Trail, 
an approximately 2,700 mile long trail extending from Santa 
Fe, New Mexico, to Los Angeles, CaUfornia, that served as 
a major trade route between 1829 and 1848, as generally 
depicted on the maps numbered 1 through 9, as contained 
in the report entitled 'Old Spanish Trail National Historic 
Trail Feasibility Study', dated July 2001, including the Armijo 
Route, Northern Route, North Branch, and Mojave Road. 

"(B) Map. — A map generally depicting the trail shall be 
on file and available for pubUc inspection in the appropriate 
offices of the Department of the Interior. 

"(C) Administration.— The trail shall be administered by 
the Secretary of the Interior (referred to in this paragraph 
as the 'Secretary'). 

"(D) Land acquisition.— The United States shall not 
acquire for the trail any land or interest in land outside the 
exterior boundary of any federally-managed area without the 
consent of the owner of the land or interest in land. 

"(E) Consultation.— The Secretary shall consult with 
other Federal, State, local, and tribal agencies in the adminis- 
tration of the trail. 

"(F) Additional routes. — The Secretary may designate 
additional routes to the trail if — 

"(i) the additional routes were included in the Old 

Spanish Trail National Historic Trail Feasibility Study, 

but were not recommended for designation as a national 

historic trail; and 



210 



PUBLIC LAW 107-325— DEC. 4, 2002 116 STAT. 2791 

"(ii) the Secretary determines that the additional 
routes were used for trade and commerce between 1829 
and 1848.". 

Approved December 4, 2002. 



LEGISLATIVE HISTORY — S. 1946: 

HOUSE REPORTS: No. 107-670 (Comm. on Resources). 

SENATE REPORTS: No. 107-203 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 148 (2002): 

Aug. 1, considered and passed Senate. 

Nov. 14, considered and passed House. 

o 



211 



PUBLIC LAW 107-329— DEC. 6, 2002 116 STAT. 2815 



Public Law 107-329 
107th Congress 

An Act 

To provide for the acquisition of land and construction of an interagency administra- _^ 

tive and visitor facility at the entrance to American Fork Canyon, Utah, and '- '- 

for other purposes. [S. 1240] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 



TITLE I— TIMPANOGOS INTERAGENCY 
LAND EXCHANGE 

SEC. 101. FINDINGS AND PURPOSES. 

(a) Findings.— Congress finds that— 

(1) the facility that houses the administrative office of 
the Pleasant Grove Remger District of the Uinta National Forest 
can no longer properly serve the purpose of the facility; 

(2) a fire destroyed the Timpanogos Cave National Monu- 
ment Visitor Center and administrative office in 1991, and 
the temporary structure that is used for a visitor center cannot 
adequately serve the public; and 

(3) combining the administrative office of the Pleasant 
Grove Ranger District with a new Timpanogos Cave National 
Monument visitor center and administrative office in one 
facility would — 

(A) faciUtate interagency coordination; 

(B) serve the public better; and 

(C) improve cost effectiveness. 

(b) Purposes. — The purposes of this title are — 

(1) to authorize the Secretary of Agriculture to acquire 
by exchange non-FedersJ land located in Highland, Utah as 
the site for an interagency administrative and visitor facility; 

(2) to direct the Secretary of the Interior to construct an 
administrative and visitor faciUty on the non-Federal land 
acquired by the Secretary of Agriculture; and 

(3) to direct the Secretary of Agriculture and the Secret£U"y 
of the Interior to cooperate in the development, construction, 
operation, and maintenance of the faciUty. 

SEC. 102. DEFINITIONS. 

In this title: 

(1) Facility.— The term "facility" means the faciUty con- 
structed under section 106 to house — 

(A) the administrative office of the Pleasant Grove 

Ranger District of the Uinta National Forest; and 



16 use 431 note. 



212 



116 STAT. 2816 PUBLIC LAW 107-329— DEC. 6, 2002 

(B) the visitor center and administrative office of the 
Timpanogos Cave National Monument. 

(2) Federal land.— The term "Federal land" means the 

Earcels of land and improvements to the land in the Salt 
ake Meridian comprising — 

(A) approximately 237 acres located in T. 5 S., R. 
3 E., sec. 13, lot 1, SWy4, NEy4, EV2, NWy4 and EV2, 
SWVi, as depicted on the map entitled "Long Hollow-Provo 
Canyon Parcel", dated March 12, 2001; 

(B) approximately 0.18 acre located in T. 7 S., R. 2 
E., sec. 12, NWy4, as depicted on the map entitled "Provo 
Sign and Radio Shop", dated March 12, 2001; 

(C) approximately 20 acres located in T. 3 S., R. 1 
E., sec. 33, SEVi, as depicted on the map entitled "Comer 
Canyon Parcel", dated March 12, 2001; 

(D) approximately 0.18 acre located in T. 29 S., R. 
7 W., sec. 15, SV2, as depicted on the map entitled "Beaver 
Administrative Site", dated March 12, 2001; 

(E) approximately 7.37 acres located in T. 7 S., R. 
3 E., sec. 28, NEV4, SWVi, NEy4, as depicted on the map 
entitled "Springville Parcel", dated March 12, 2001; and 

(F) approximately 0.83 acre located in T. 5 S., R. 2 
E., sec. 20, as depicted on the map entitled 'Tleasant 
Grove Ranger District Parcel", dated March 12, 2001. 

(3) NON -FEDERAL LAND. — The term "non-Federal land" 
means the parcel of land in the Salt Lake Meridian comprising 
approximately 37.42 acres located at approximately 4,400 West, 
11,000 North (SR-92), Highland, Utah in T. 4 S., R. 2 E., 
sec. 31, NWV4, as depicted on the map entitled 'The Highland 
Property", dated March 12, 2001. 

(4) Secretary. — The term "Secretary" means the Secretary 
of Agriculture. 

SEC. 103. MAPS AND LEGAL DESCRIPTIONS. 

(a) Availability of Maps. — The maps described in paragraphs 
(2) and (3) of section 102 shall be on file and available for public 
inspection in the Office of the Chief of the Forest Service until 
the date on which the land depicted on the maps is exchanged 
under this title. 

(b) Technical Corrections to Legal Descriptions.— The 
Secretary may correct minor errors in the legal descriptions in 
paragraphs (2) and (3) of section 102. 

SEC. 104. EXCHANGE OF LAND FOR FACILITY SITE. 

(a) In General. — Subject to subsection (b), the Secretary may, 
under such terms and conditions as the Secretary may prescribe, 
convey by quitclaim deed all right, title, and interest of the United 
States in and to the Federal land in exchange for the conveyance 
of the non-Federal land. 

(b) Title to Non-Federal Land.— Before the land exchange 
takes place under subsection (a), the Secretary shall determine 
that title to the non-Federal land is acceptable based on the 
approval standards applicable to Federal land acquisitions. 

(c) Valuation of Non -Federal Land. — 

(1) Determenation.— The fair market value of the land 
and the improvements on the land exchanged under this title 
shall be determined by an appraisal that — 

(A) is approved by the Secretary; and 



213 



PUBLIC LAW 107-329— DEC. 6, 2002 116 STAT. 2817 

(B) conforms with the Federal appraisal stsindards, 
as defiiied in the publication entitled 'Uniform Appraisal 
Standards for Federal Land Acquisitions". 
(2) Separate appraisals.— 

(A) In general. — Each parcel of Federal land described 
in subparagraphs (A) through (F) of section 102(2) shall 
be appraised separately. 

(B) Individual property values. — The property 
values of each parcel shall not be affected by the unit 
rule described in the Uniform Appraisal Standards for Fed- 
eral Land Acquisitions. 

(d) Cash Equalization. — Notwithstanding section 206(b) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1716(b)), the Secretary may, as the circumstances require, either 
make or accept a cash equalization payment in excess of 25 percent 
of the total value of the l£inds or interests transferred out of Federal 
ownership. 

(e) Administration of Land Acquisition by United States.— 

(1) Boundary adjustment.— 

(A) In general. — On acceptance of title by the 
Secretary — 

(i) the non-Federal land conveyed to the United 
States shall become part of the Uinta National Forest; 
and 

(ii) the boundaries of the national forest shall be 
adjusted to include the land. 

(B) Allocation of land and water conservation 
fund moneys. — For purposes of section 7 of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 4601- 
099), the boundaries of the national forest, as adjusted 
under this section, shall be considered to be boundaries 
of the national forest as of January 1, 1965. 

(2) Applicable law. — Subject to valid existing rights, the 
Secretary shall manage any land acquired under this section 
in accordance with — 

(A) the Act of March 1, 1911 (16 U.S.C. 480 et seq.) 
(commonly known as the "Weeks Act"); and 

(B) other laws (including regulations) that apply to 
National Forest System land. 

SEC. 105. DISPOSITION OF FUNDS. 

(a) Deposit. — The Secretary shall deposit any cash equaUzation 
funds received in the land exchange in the fund estabhshed under 
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the 
"Sisk Act"). 

(b) Use of Funds. — Funds deposited under subsection (a) shall 
be available to the Secretary, without further appropriation, for 
the acquisition of land and interests in land for administrative 
sites in the State of Utah and land for the National Forest System. 

SEC. 106. construction AND OPERATION OF FACILITY. 

(a) Construction.— 

(1) In general. — Subject to paragraph (2), as soon as prac- 
ticable after fvinds are made available to carry out this title, 
the Secretary of the Interior shall construct, and bear responsi- 
bility for all costs of construction of, a facility and all necessary 
infrastructure on non-Federal land acquired under section 104. 



214 



116 STAT. 2818 PUBLIC LAW 107-329— DEC. 6, 2002 

(2) Design and specifications.— Prior to construction, the 

design and specifications of the facility shall be approved by 

the Secretary and the Secretary of the Interior. 

(b) Operation and Maintenance of Facility.— The facility 

shall be occupied, operated, and maintained jointly by the Secretary 

(acting through the Chief of the Forest Service) and the Secretary 

of the Interior (acting through the Director of the National Park 

Service) under terms and conditions agreed to by the Secretary 

and the Secretary of the Interior. 

SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 
necessary to carry out this title. 

TITLE II— UTAH PUBLIC LANDS 
ARTIFACT PRESERVATION 

SEC. 201. findings. 

Congress finds that — 

(1) the collection of the Utah Museum of Natural History 
in Sadt Lake City, Utah, includes more than 1,000,000 archae- 
ological, paleontological, zoological, geological, and botanical 
artifacts; 

(2) the collection of items housed by the Museum contains 
artifacts from land managed by — 

(A) the Bureau of Land Management; 

(B) the Bureau of Reclamation; 

(C) the National Park Service; 

(D) the United States Fish and Wildlife Service; and 

(E) the Forest Service; 

(3) more than 75 percent of the Museum's collection was 
recovered from federally managed pubUc land; and 

(4) the Museum has been designated lay the legislature 
of the State of Utah as the State museum of natural history. 

sec. 202. definitions. 

In this title: 

(1) Museum. — The term "Museum" means the University 
of Utah Museum of Natural History in Salt Lake City, Uteih. 

(2) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

SEC 203. assistance FOR UNIVERSITY OF UTAH MUSEUM OF NAT- 
URAL HISTORY. 

Grants. (a) ASSISTANCE FOR MUSEUM.— The Secretary shall make a 

grant to the University of Utah in Salt Lake City, Utah, to pay 
the Federal share of the costs of construction of a new facility 
for the Museum, including the design, planning, furnishing, and 
equipping of the Museum. 

(b) Grant Requirements. — 

(1) In general. — To receive a grant under subsection (b), 
the Museum shall submit to the Secretary a proposal for the 
use of the grant. 

(2) Federal share.— The Federal share of the costs 
described in subsection (a) shall not exceed 25 percent. 



215 



PUBLIC LAW 107-329— DEC. 6, 2002 116 STAT. 2819 

(c) Authorization of Appropriations.— There is authorized 
to be appropriated to carry out this section $15,000,000, to remain 
available until expended. 

TITLE III— SALT RIVER BAY NATIONAL 
HISTORICAL PARK AND ECOLOGICAL 
PRESERVE BOUNDARY ADJUSTMENT 

SEC. 301. BOUNDARY ADJUSTMENT. 

The first sentence of section 103(b) of the Salt River Bay 
National Historical Park and Ecological Preserve at St. Croix, Virgin 
Islands, Act of 1992 (16 U.S.C. 410tt-l(b)) is amended to read 
as follows: "The park shall consist of approximately 1015 acres 
of lands, waters, and interests in lands as generally depicted on 
the map entitled 'Salt River Bay Nationed Historical Park and 
Ecological Preserve, St. Croix, U.S.V.I.', numbered 141/80002, and 
dated May 2, 2002.". 

Approved December 6, 2002. 



LEGISLATIVE HISTORY— S. 1240 (H.R. 3928): 

HOUSE REPORTS: No. 107-669 (Comm. on Resources). 

SENATE REPORTS: No. 107-178 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 148 (2002): 

Aug. 1, considered and passed Senate. 

Sept. 24, considered and passed House, amended. 

Nov. 19, Senate concurred in House amendment. 



o 



216 



PUBLIC LAW 107-332— DEC. 16, 2002 



116 STAT. 2871 



Public Law 107-332 
107th Congress 



An Act 



To provide for additional lands to be included within the boundaries of the Homestead 
National Monument of America in the State of Nebraska, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Homestead National Monument 
of America Additions Act". 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Map. — The term "map" means the map entitled "Pro- 
posed Boundary Adjustment, Homestead National Monument 
of America, Gage County, Nebraska", numbered 368/80036 and 
dated March 2000. 

(2) Monument. — The term "Monument" means the Home- 
stead National Monument of America, Nebraska. 

(3) Secretary. — The term "Secretju-jr" means the Secretary 
of the Interior. 

SEC. 3. ADDITIONS TO HOMESTEAD NATIONAL MONUMENT OF 
AMERICA. 

(a) In General. — The Secretary may acquire, by donation or 
by purchase with appropriated or donated funds, from willing sellers 
only, the privately-owned property described in paragraphs (1) and 
(2) of subsection (b). The Secretary may acquire, by donation only, 
the State-owned property described in paragraphs (3) and (4) of 
subsection (b). 

(b) Parcels. — The parcels referred to in subsection (a) are 
the following: 

(1) Graff property. — The parcel consisting of approxi- 
mately 15.98 acres of privately-owned land, as depicted on 
the map. 

(2) Pioneer acres green.— The parcel consisting of 
approximately 3 acres of privately-owned land, as depicted on 
the map. 

(3) Segment of state highway 4.— The parcel consisting 
of approximately 5.6 acres of State-owned land including 
Nebraska State Highway 4, as depicted on the map. 

(4) State triangle. — The parcel consisting of approxi- 
mately 8.3 acres of State-owned land, as depicted on the map. 

(c) Boundary Adjustment. — Upon acquisition of a parcel 
described in subsection (b), the Secretary shall modify the boundary 
of the Monument to include the parcel. Any parcel included within 



Dec. 16, 2002 
[H.R. 38] 



Homestead 
National 
Monument of 
America 
Additions Act. 
16 use 450u 
note. 



217 



116 STAT. 2872 PUBLIC LAW 107-332— DEC. 16, 2002 

liie boundary shall be administered by the Secretary as part of 
the Monument. 

(d) Deadline for Acquisition of Certain Property.— If the 
property described in subsection (b)(1) is not acquired by the Sec- 
retary from a willing seller within 5 years after the date of the 
enactment of this Act, the Secretary shall no longer be authorized 
to acquire such property pursuant to this Act and such property 
shall not become part of the Monument pursuant to this Act. 

(e) Availability of Map.— The map shall be on file in the 
appropriate offices of the National Park Service. 

(f) Authorization of Appropriations.— There is authorized 
to be appropriated to carry out this Act $400,000. 

SEC. 4. COOPERATIVE AGREEMENTS. 

The Secretary may enter into cooperative agreements with 
the State of Nebraska, Gage County, local units of government, 
private groups, and individuals for operation, maintenance, 
interpretation, recreation, and other purposes related to the pro- 
posed Homestead Heritage Highway to be located in the general 
vicinity of the Monument. 

Approved December 16, 2002. 



legislative history— H.R. 38: 

HOUSE REPORTS: No. 107-325 (Comm. on Resources). 

senate REPORTS: No. 107-260 (Comm. on Energy and Natural Resources). 

congressional RECORD: 

Vol. 147 (2001): Dec. 11, considered and passed House. 

Vol. 148 (2002): Nov. 19, considered and passed Senate. 



o 



218 



116 STAT. 2882 PUBLIC LAW 107-336— DEC. 16, 2002 



Public Law 107-336 
107th Congress 

An Act 

nf^n To authorize the Secretary of the Interior to make adjustments to the boundary 

^' ; of the National Park of American Samoa to include certain portions of the islands 

[H.R. 1712] of Ofu and Olosega within the park, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1, BOUNDARY ADJUSTMENT OF THE NATIONAL PARK OF 
AMERICAN SAMOA. 

Section 2(b) of the Act entitled "An Act to establish the National 
Park of American Samoa" (16 U.S.C. 410qq-l(b)), approved October 
31, 1988, is amended — 

(1) by striking "(1)", "(2)", and "(3)" and inserting "(A)", 
"(B)", and "(C)", respectively; 

(2) by inserting "(1)" after "Included.—"; and 

(3) by adding at the end the following new paragraph: 
"(2) The Secretary may vaaike adjustments to the boundary 

of the park to include within the park certain portions of the 
islands of Ofu and Olosega, as depicted on the map entitled 
'National Park of American Samoa, Proposed Boundary Adjust- 
ment', numbered 82,035 and dated February 2002, pursuant to 
an agreement with the Grovemor of American Samoa and contingent 
upon the lease to the Secretary of the newly added lands. As 
soon as practicable after a boundary adjustment under this para- 
graph, the Secretary shall modify the maps referred to in paragraph 
(1) accordingly.". 

Approved December 16, 2002. 



LEGISLATIVE HISTORY— H.R. 1712: 

HOUSE REPORTS: No. 107-372 (Comm. on Resources). 

SENATE REPORTS: No. 107-270 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 148 (2002): 

Mar. 19, considered and passed House. 

Nov. 19, considered and passed Senate. 



o 



219 



PUBLIC LAW 107-337— DEC. 16, 2002 116 STAT. 2883 



study Act. 



Public Law 107-337 
107th Congress 

An Act 

To authorize the Secretary of the Interior to study the suitability and feasibUity Dec. 16, 2002 

of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas. FHR 17761 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Buffalo Bayou 

National 
SECTION 1. SHORT TITLE. Heritage Area 

This Act may be cited as the "Buffalo Bayou National Heritage 
Area Study Act". 

SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING BUFFALO 
BAYOU, TEXAS. 

(a) Findings. — The Congress finds the following: 

(1) The area beginning at Shepherd Drive in west Houston, 
Texas, and extending to the Turning Basin, commonly referred 
to as the "Buffalo Bayou", made a unique contribution to the 
cultural, political, and industrial development of the United 
States. 

(2) The Buffalo Bayou is distinctive as the first spine of 
modem industrial development in Texas and one of the first 
along the Gulf of Mexico coast. 

(3) The Buffalo Bayou played a significant role in the 
struggle for Texas independence. 

(4) The Buffalo Bayou developed a prosperous and produc- 
tive shipping industry that survives today. 

(5) The Buffalo Bayou led in the development of Texas' 
petrochemical industry that made Houston the center of the 
early oil boom in America. 

(6) The Buffalo Bayou developed a sophisticated shipping 
system, leading to the formation of the modern day Houston 
Ship Channel. 

(7) The Buffalo Bayou developed a significant industrial 
base, and served as the focal point for the new city of Houston. 

(8) There is a longstanding commitment by the Buffalo 
Bayou Partnership, Inc., to complete the Buffalo Bayou Trail 
along the 12-mile segment of the Buffalo Bayou. 

(9) There is a need for assistance for the preservation 
and promotion of the significance of the Buffalo Bayou as 
a system for transportation, industry, commerce, and immigra- 
tion. 

(10) The Department of the Interior is responsible for pro- 
tecting the Nation's cultural and historical resources. There 
are significant examples of such resources within the Buffalo 



220 



116 STAT. 2884 PUBLIC LAW 107-337— DEC. 16, 2002 

Bayou region to merit the involvement of the Federal Govern- 
ment in the development of programs and projects, in coopera- 
tion with the Buffalo Bayou Partnership, Inc., the State of 
Texas, and other local and governmental entities, to adequately 
conserve, protect, and interpret this heritage for future genera- 
tions, while providing opportunities for education and revital- 
ization. 

(b) Study.— 

(1) In general. — The Secretary sheill, in consultation with 
the State of Texas, the City of Houston, and other appropriate 
organizations, carry out a study regarding the suitability and 
feasibility of establishing the Buffalo Bayou National Heritage 
Area in Houston, Texas. 

(2) Contents. — The study shall include analysis and docu- 
mentation regarding whether the Study Area — 

(A) has an assemblage of natxiral, historic, and cultural 
resources that together represent distinctive aspects of 
American heritage worthy of recognition, conservation, 
interpretation, and continuing use, and are best managed 
through partnerships £imong public and private entities 
and by combining diverse and sometimes noncontiguous 
resources and active communities; 

(B) reflects traditions, customs, beliefs, and folklife 
that are a valuable part of the national story; 

(C) provides outstanding opportunities to conserve nat- 
ural, historic, cultural, or scenic features; 

(D) provides outstanding recreational and educational 
opportunities; 

(E) contains resources important to the identified 
theme or themes of the Study Area that retain a degree 
of integrity capable of supporting interpretation; 

(F) includes residents, business interests, nonprofit 
organizations, and local and State governments that are 
involved in the planning, have developed a conceptual 
financial plan that outUnes the roles for aU participants, 
including the Federal Government, and have demonstrated 
support for the concept of a national heritage area; 

(G) has a potential management entity to work in 
peirtnership with residents, business interests, nonprofit 
organizations, and local and State governments to develop 
a national heritage area consistent with continued local 
and State economic activity; and 

(H) has a conceptual boundary map that is supported 
by the public. 

(c) Boundaries of the Study Area.— The Study Area shall 
be comprised of sites in Houston, Texas, in an area roughly bounded 
by Shepherd Unve £uid extending to the Turning basin, commonly 
referred to as the "Buffalo Bayou". 

Deadline. (d) SUBMISSION OF STUDY RESULTS.— Not later than 3 years 

Reports. after funds are first made available for this section, the Secretary 



221 



PUBLIC LAW 107-337— DEC. 16, 2002 116 STAT. 2885 

shedl submit to the Committee on Resources of the House of Rep- 
resentatives and the Committee on Energy and Natural Resources 
of the Senate a report describing the results of the study. 

Approved December 16, 2002. 



LEGISLATIVE HISTORY— H.R. 1776: 

HOUSE REPORTS: No. 107-256 (Comm. on Resources). 

SENATE REPORTS: No. 107-262 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 147 (2001): Oct. 30, considered and passed House. 

Vol. 148 (2002): Nov. 19, considered and passed Senate. 



o 



222 



116 STAT. 2886 



PUBLIC LAW 107-338— DEC. 16, 2002 



Dec. 16, 2002 
[H.R. 1814] 



Metacomet^ 

Monadnock- 

Mattabesett Trail 

Study Act of 

2002. 

16 use 1241 

note. 



Deadline. 
16 use 1244 
note. 



Public Law 107-338 
107th Congress 



An Act 



To amend the National Trails System Act to designate the Metacomet-Monadnock- 
Mattabesett Trail extending through western Massachusetts and central Con- 
necticut for study for potential addition to the National Trails System. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Metacomet-Monadnock- 
Mattabesett Trail Study Act of 2002". 

SEC. 2. DESIGNATION OF METACOMET-MONADNOCK-MATTABESETT 
TRAIL FOR STUDY FOR POTENTIAL ADDITION TO THE 
NATIONAL TRAILS SYSTEM. 

Section 5(c) of the National Trails System Act (16 U.S.C. 
1244(c)) is amended by adding at the end the following new para- 
graph: 

"( ) Metacomet-Monadnock-Mattabesett Trail.— The 

Metacomet-Monadnock-Mattabesett Trail, a system of trails and 
potential trails extending southward approximately 180 miles 
through western Massachusetts on the Metacomet-Monadnock 
Trail, across central Connecticut on the Metacomet Trail and the 
Mattabesett Trail, and ending at Long Island Sound.". 

SEC. 3. EXPEDITED REPORT TO CONGRESS. 

Notwithstanding the fourth sentence of section 5(b) of the 
National Trails System Act (16 U.S.C. 1244(b)), the Secretary of 
the Interior shall submit the study required by the amendment 
made by section 2 to Congress not later than 2 years after the 
date of the enactment of this Act. 



Approved December 16, 2002. 



LEGISLATIVE HISTORY — H.R. 1814: 

HOUSE REPORTS: No. 107-224 (Comm. on Resources). 

SENATE REPORTS: No. 107-263 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 147 (2001): Oct. 23, considered and passed House. 

Vol. 148 (2002): Nov. 19, considered and passed Senate. 



o 



223 



PUBLIC LAW 107-340— DEC. 16, 2002 



116 STAT. 2889 



Public Law 107-340 
107th Congress 



An Act 



To amend the Act that established the PuSihonua o Honaunau National Historical 
Park to expand the boundaries of that park. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Pu'uhonua o Honaunau National 
Historical Park Addition Act of 2002". 

SEC. 2. ADDITIONS TO PU'UHONUA O HONAUNAU NATIONAL HISTOR- 
ICAL PARK. 

The first section of the Act of July 26, 1955 (69 Stat. 376, 
ch. 385; 16 U.S.C. 397), is amended— 

(1) by striking "That, when" and inserting the following: 
"Section 1. (a) When"; and 

(2) by adding at the end thereof the following new sub- 
sections: 

"(b) The boundaries of Pu'uhonua o Honaunau National Histor- 
ical Park are hereby modified to include approximately 238 acres 
of lands and interests therein within the area identified as Tarcel 
A' on the map entitled 'Pu'uhonua o Honaunau National Historical 
Park Proposed Boundary Additions, Ki'Uae Village', numbered 
PUHO-P 415/82,013 and dated May, 2001. 

"(c) The Secretary of the Interior is authorized to acquire 
approximately 159 acres of lands and interests therein within the 
area identified as 'Parcel B' on the map referenced in subsection 
(b). Upon the acquisition of such lands or interests therein, the 
Secretary shall modify the boundaries of Pu'uhonua o Honaunau 
National Historical Park to include such lands or interests therein.". 

SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 
be necessary to carry out this Act. 



Dec. 16, 2002 
[H.R. 1906] 



Pu'uhonua o 

Honaunau 

National 

Historical Park 

Addition Act of 

2002 

16 use 397 note. 



Approved December 16, 2002. 



LEGISLATIVE HISTORY — H.R. 1906 (S. 1057): 

HOUSE REPORTS: Nos. 107-435 and 107-614, accompanying S. 1057, (both from 

Comm. on Resources). 
SENATE REPORTS: Nos. 107-272 and 107-71, accompanying S. 1057, (both from 

Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
June 17, considered and passed House. 
Nov. 19, considered and passed Senate. 



o 



224 



116 STAT. 2890 



PUBLIC LAW 107-341— DEC. 16, 2002 



Dec. 16, 2002 
[HJl. 1925] 



Applicability. 



Deadline. 



Public Law 107-341 
107th Congress 



An Act 



To direct the Secretary of the Interior to study the suitability and feasibility of 
designating the Waco Mammoth Site Area in Waco, Texas, as a unit of the 
National Park System, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. STUDY AND REPORT REGARDING WACO MAMMOTH SITE 
AREA. 

(a) Study. — The Secretary of the Interior, in consultation with 
the State of Texas, the city of Waco, and other appropriate organiza- 
tions, shall carry out a special resource study regarding the national 
significance, suitability, and feasibihty of designating the Waco 
Mammoth Site Area located in the city of Waco, Texas, as a unit 
of the National Park System. 

(b) Study Process and Completion.— Section 8(c) of Pubhc 
Law 91-383 (16 U.S.C. la-5(c)) shall apply to the conduct and 
completion of the study required by this section. 

SEC. 2. SUBMISSION OF STUDY RESULTS. 

Not later than 3 years after funds are first made available 
for this Act, the Secretary shall submit to the Committee on 
Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report describing 
the results of the study. 



Approved December 16, 2002. 



LEGISLATIVE HISTORY— H.R. 1925: 

HOUSE REPORTS: No. 107-317 (Comm. on Resources). 

SENATE REPORTS: No. 107-264 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 148 (2002): 

May 14, considered and passed House. 

Nov. 19, considered and passed Senate. 



o 



225 



PUBLIC LAW 107-342— DEC. 17, 2002 116 STAT. 2891 



Public Law 107-342 
107th Congress 

An Act 

To amend the Omnibus Parks and Public Lands Management Act of 1996 to Dec. 17, 2002 



provide adequate funding authorization for the Vancouver National Historic Reserve. [H.R. 2099] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. INCREASE IN AUTHORIZATION FOR RESERVE. 

Section 502(d) of division I of the Omnibus Parks and Public 
Lands Management Act of 1996 (16 U.S.C. 461 note; 110 Stat. 
4154) is amended by striking "$5,000,000" and all that follows 
through the period and inserting "$15,000,000 for development costs 
associated with capital projects consistent with the cooperative 
management plan, except that the Federal share of such develop- 
ment costs shall not exceed 50 percent of the total costs.". 

Approved December 17, 2002. 



LEGISLATIVE HISTORY — H.R. 2099 (S. 1649): 

HOUSE REPORTS: No. 107-627 (Comm. on Resources). 

SENATE REPORTS: No. 107-193 accompanying S. 1649 (Comm. on Energy and 

Natural Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

Sept. 24, considered and passed House. 

Nov. 19, considered and passed Senate. 



o 



226 



116 STAT. 2892 PUBLIC LAW 107-343— DEC. 17, 2002 



Public Law 107-343 
107th Congress 

An Act 

17 onno "^^ authorize the Secretary of the Interior to conduct a special resource study 

^' :; Z. — of Virginia Key Beach Park in Biscayne Bay, Florida, for possible inclusion 

[H.R. 2109] in the National Park System. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. STUDY AND CRITERIA. 

(a) Study. — The Secretary of the Interior (in this Act referred 
to as "the Secretary^') shall conduct a study of Virginia Key Beach 
Park in Bisca3nie Bay, Florida, which was used for recreation by 
African Americans at a time when public beaches were racially 
segregated by law. The study shall evaluate the national signifi- 
cance of the site and the suitability and feasibiUty of estabhshing 
the site as a unit of the National Park System. 

(b) Criteria. — In conducting the study required by subsection 
(a), the Secretary shall use the criteria for the study of areas 
for potential inclusion in the National Park System contained in 
section 8 of Public Law 91-383 (16 U.S.C. la-5; popularly known 
as the National Park System Greneral Authorities Act). 

SEC. 2. REPORT. 

Upon completion of the study, the Secretary shall transmit 
to the Congress a report on the findings of the study and the 
conclusions and recommendations of the Secretary. 

Approved December 17, 2002. 



LEGISLATIVE HISTORY— H.R. 2109: 

HOUSE REPORTS: No. 107-390 (Comm. on Resources). 

SENATE REPORTS: No. 107-273 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 148 (2002): 

Apr. 30, considered and passed House. 

Nov. 19, considered and passed Senate. 



o 



227 



PUBLIC LAW 107-348— DEC. 17, 2002 116 STAT. 2971 



Public Law 107-348 
107th Congress 

An Act 

To direct the Secretary of the Interior to conduct a study of the suitability and 

feasibility of establishing the Muscle Shoals National Heritage Area in Alabama, Dec. 1 /, zuuz 

and for other purposes. [H.R- 2628] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. Muscle Shoals 

National 
SECTION 1. SHORT TITLE. Heritage Area 

This Act may be cited as the "Muscle Shoals National Heritage 2002 
Area Study Act of 2002". 

SEC. 2. STXJDY. 

The Secretary of the Interior, in consultation with appropriate 
State historic preservation officers, States historical societies, and 
other appropriate organizations, shall conduct a study regarding 
the suitability and feasibility of designating the study area described 
in section 3 as the Muscle Shoals National Heritage Area. The 
study shall include analysis, documentation, and determination 
regarding whether the study area — 

(1) has an assemblage of natural, historic, and cultural 
resources that together represent distinctive aspects of Amer- 
ican heritage worthy of recognition, conservation, interpreta- 
tion, and continuing use, and are best managed through part- 
nerships among public and private entities and by combining 
diverse and sometimes noncontiguous resources and active 
communities; 

(2) reflects traditions, customs, beUefs, and folklife that 
are a valuable part of the national story; 

(3) provides outstanding opportunities to conserve natiiral, 
historic, culturEd, or scenic features; 

(4) provides outstanding recreational and educational 
opportunities; 

(5) contains resources important to the identified theme 
or themes of the study area that retain a degree of integrity 
capable of supporting interpretation; 

(6) includes residents, business interests, nonprofit 
organizations, and local and State governments that are 
involved in the planning, have developed a conceptual financial 
plan that outlines the roles of aU participants (including the 
Federal Government), and have demonstrated support for the 
concept of a national heritage area; 

(7) has a potential management entity to work in partner- 
ship with residents, business interests, nonprofit organizations, 
and local and State governments to develop a national heritage 



228 



116 STAT. 2972 PUBLIC LAW 107-348— DEC. 17, 2002 

area consistent with continued local and State economic 
activity; and 

(8) has a conceptual boundary map that is supported by 
the public. 

SEC. S. BOUNDARIES OF THE STUDY AREA. 

The study area referred to in section 2 shall be comprised 
of the following: 

(1) The part of the Tennessee River's watershed in northern 
Alabama. 

(2) The cities of Florence, Sheffield, Tuscumbia, and Muscle 
Shoals City, Alabama. 

(3) The towns of Anderson, Cherokee, Courtland, Leighton, 
Lexington, Littleville, Red Bay, Rogersville, Russellville, Town 
Creek, and Waterloo, Alabama, and their environs. 

(4) Colbert, Lauderdale, Fremkhn, and Lawrence Counties, 
Alabama. 

(5) Other areas that have heritage aspects that are similar 
to those aspects that are in the areas described in paragraphs 
(1) through (4) and which are adjacent to or in the vicinity 
of those areas. 

Deadline. SEC. 4. REPORT. 

Not later than 3 fiscal years after the date on which funds 
are first made available for this Act, the Secretary of the Interior 
shall submit to the Committee on Resources of the House of Rep- 
resentatives and the Committee on Energy and Natural Resources 
of the Senate a report on the findings, conclusions, and rec- 
ommendations of the study. 

Approved December 17, 2002. 



LEGISLATIVE HISTORY— H.R. 2628: 

HOUSE REPORTS: No. 107-398 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

Apr. 30, considered and passed House. 

Nov. 19, considered and passed Senate. 

o 



229 



116 STAT. 2984 PUBLIC LAW 107-354— DEC. 17, 2002 



Public Law 107-354 
107th Congress 

An Act 

Dec. 17, 2002 To revise the boundaries of the George Washington Birthplace National Monument, 



[H.R. 3449] ^^^ ^'^^ other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

16 use 442 note. SECTION 1. ADDITION TO NATIONAL MONUMENT. 

The boundaries of the George Washington Birthplace National 
Monument (hereinafter referred to as the "National Monument") 
are hereby modified to include the area comprising approximately 
115 acres, as generally depicted on the map entitled "George Wash- 
ington Birthplace National Monument Boundary Map", numbered 
332/80,023 and dated October 2001, which shall be on file and 
available for public inspection in the appropriate offices of the 
National Park Service, Department of the Interior. 

16 use 442 note. SEC. 2. ACQUISITION OF LANDS. 

Within the boundaries of the National Monument, the Secretary 
of the Interior (hereinafter referred to as the "Secretary") is author- 
ized to acquire lands, or interests therein, from willing owners 
by donation, purchase with donated money or appropriated funds, 
or exchange. 

16 use 442 note. SEC. 3. ADMINISTRATION OF NATIONAL MONUMENT. 

In administering the National Monument, the Secretary shall 
take actions necessary to preserve and interpret the history and 
resources associated with George Washington, the generations of 
the Washington family who lived in the vicinity and their contem- 
poraries, and 18th century plantation Hfe and society. 

Approved December 17, 2002. 



LEGISLATIVE HISTORY— H.R. 3449 (S. 1943): 

HOUSE REPORTS: No. 107-631 (Comm. on Resources). 

SENATE REPORTS: No. 107-267 accompanying S. 1943 (Comm. on Natural Re- 

SOU.TC6S) 

CONGRESSIONAL RECORD.'Vol. 148 (2002): 
Sept. 24, considered and passed House. 
Nov. 19, considered and passed Senate. 



o 



230 



PUBLIC LAW 107-35&-DEC. 17, 2002 116 STAT. 3013 



Public Law 107-356 
107th Congress 

An Act 

Dec. 17, 2002 



To modify the boundaries of the New River Gorge Nationed River, West Virginia. 



[H.R. 3858] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. New River Gorge 

Boundary Act of 
SECTION 1. SHORT TITLE. 2002. 

™. . , . , , «^T T,. ^ ^ , 16 use 460m-15 

This Act may be cited as the New River Gorge Boundary note. 
Act of 2002". 

SEC. 2. NEW RIVER GORGE NATIONAL RIVER BOUNDARY MODIFICA- 
TIONS. 

(a) Boundary Modification.— Section 1101 of the National 
Parks and Recreation Act of 1978 (16 U.S.C. 460m-15) is amended 
by striking "NERI-80,028A, dated March 1996" and inserting 
"NERI 80,034, dated May 2001". 

(b) Land Exchange.— 16 use 460m-i5 

(1) In GENERAL. — The Secretary of the Interior shall com- no**, 
plete a fee simple land exchange in the vicinity of Beauty 
Mountain, Fayette County, West Virginia, to acquire a tract 

of land identified as NERI Tract Number 150-07 that lies 
adjacent to the boundary of the New River Gorge National 
River in exchange for a tract of land identified as NERI Tract 
Number 150-08 located within such boundary. 

(2) Treatment of exchanged lands.— Upon the comple- 
tion of such land exchange — 

(A) the land acquired by the United States in the 
exchange shall be included in the boundaries, and adminis- 
tered as part, of the New River Gorge National River; 
and 

(B) the land conveyed by the United States in the 
exchange shall be excluded from the boundaries, and shall 
not be administered as part, of the New River Gorge 
National River. 

Approved December 17, 2002. 

legislative HISTORY — H.R. 3858: 

HOUSE REPORTS: No. 107-509 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

June 24, considered and passed House. 

Nov. 19, considered and passed Senate. 

o 



231 



116 STAT. 3014 PUBLIC LAW 107-357— DEC. 17, 2002 



Public Law 107-357 
107th Congress 

An Act 

To amend the Act entitled "An Act to authorize the Establishment of the Anderson- 
Dec. 17, 2002 ville National Historic Site in the State of Georgia, find for other purposes", 
[HR 46921 *** provide for the addition of certain donated lands to the Andersonville National 
Historic Site. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. ADDITIONAL LANDS AUTHORIZia) TO BE ADDED TO fflS- 
TORIC SITE. 

The first section of the Act entitled "An Act to authorize the 

establishment of the Andersonville National Historic Site in the 

State of G^eorgia, and for other purposes", approved October 16, 

16 use 461 note. 1970, is amended by striking "five hundred acres" and inserting 

"520 acres". 

Approved December 17, 2002. 



LEGISLATIVE HISTORY — H.R. 4692: 

HOUSE REPORTS: No. 107-712 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

Oct. 1, considered and passed House. 

Nov. 20, considered and psissed Senate. 

o 



232 



116 STAT. 3016 PUBLIC LAW 107-359— DEC. 17, 2002 



Public Law 107-359 
107th Congress 

An Act 

Dec. 17, 2002 To amend the American Battlefield Protection Act of 1996 to authorize the Secretary 
[HR 5125] of the Interior to establish a battlefield acquisition grant program. 

Be it enacted by the Senate and House of Representatives of 
Civil War the United States of America in Congress assembled, 

Battlefield 
Preservation Act SECTION 1, SHORT TITLE. 

16 use 469k "^8 Act may be cited as the "Civil War Battlefield Preservation 

note. Act of 2002". 

16 use 469k SEC. 2. FINDINGS AND PURPOSES. 

°° ■ (a) Findings. — Congress finds the following: 

(1) Civil War battlefields provide a means for the people 
of the United States to understand a tragic period in the 
history of the United States. 

(2) According to the Report on the Nation's Civil War 
Battlefields, prepared by the Civil War Sites Advisory Commis- 
sion, and dated July 1993, of the 384 principal Civil War 
battlefields — 

(A) almost 20 percent are lost or fragmented; 

(B) 17 percent are in poor condition; and 

(C) 60 percent have been lost or are in imminent 
danger of being firagmented by development and lost as 
coherent historic sites. 

(b) Purposes. — The purposes of this Act are — 

(1) to act quickly and proactively to preserve and protect 
nationally significant Civil War battlefields through conserva- 
tion easements and fee-simple pvirchases of those battlefields 
from willing sellers; and 

(2) to create partnerships among State and local govern- 
ments, regional entities, and the private sector to preserve, 
conserve, and enhance nationally significant Civil War battle- 
fields. 

SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM. 

The American Battlefield Protection Act of 1996 (16 U.S.C. 
469k) is amended — 

(1) by redesignating subsection (d) as paragraph (3) of 
subsection (c), and indenting appropriately; 

(2) in paragraph (3) of subsection (c) (as redesignated by 
paragraph (1)) — 

(A) by striking "Appropriations" and inserting "appro- 
priations"; and 

(B) by striking "section" and inserting "subsection"; 

(3) by inserting after subsection (c) the following: 



233 



PUBLIC LAW 107-359— DEC. 17, 2002 116 STAT. 3017 

"(d) Battlefield Acquisition Grant Program.— 
"(1) Definitions.— In this subsection: 

"(A) Battlefield report,— The term 'Battlefield 
Report' means the document entitled Tleport on the 
Nation's Civil War Battlefields', prepared by the Civil War 
Sites Advisory Commission, and dated July 1993. 

"(B) Eligible entity.— The term 'eUgible entity* means 
a State or local government. 

"(C) Eligible site.— The term 'eligible site' means a 
site — 

"(i) that is not within the exterior boundaries of 
a unit of the National Park System; and 

"(ii) that is identified in the Battlefield Report. 
"(D) Secretary.— The term 'Secretary* means the Sec- 
retary of the Interior, acting through the American Battle- 
field Protection Program. 

"(2) Establishment.— The Secretary shall establish a 
battlefield acquisition grant program under which the Secretary 
may provide grants to eligible entities to pay the Federal share 
of the cost of acquiring interests in eligible sites for the 
preservation and protection of those eUgible sites. 

"(3) Nonprofit partners. — An eUgible entity may acquire 
an interest in an eUgible site using a grant under this sub- 
section in partnership with a nonprofit organization. 

"(4) Non-federal share. — The non-Federal share of the 
total cost of acquiring £m interest in an eUgible site under 
this subsection shall be not less than 50 percent. 

"(5) Limitation on land use.— An interest in an eUgible 
site acquired under this subsection shall be subject to section 
6(f)(3) of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 4601-8(f)(3)). 

"(6) Reports.— Deadlines. 

"(A) In general. — Not later than 5 years after the 
date of the enactment of this subparagraph, the Secretary 
shaU submit to Congress a report on the activities carried 
out under this subsection. 

"(B) Update of battlefield report.— Not later than 
2 years after the date of the enactment of this subsection, 
the Secretary shall submit to Congress a report that 
updates the Battlefield Report to reflect — 

"(i) preservation activities carried out at the 384 

battlefields during the period between pubhcation of 

the Battlefield Report and the update; 

"(ii) changes in the condition of the battlefields 

during that period; and 

"(ui) any other relevant developments relating to 

the battlefields during that period. 
"(7) Authorization of appropriations.- 

"(A) In general. — There are authorized to be appro- 
priated to the Secretary from the Land and Water Con- 
servation Fund to provide grants under this subsection 
$10,000,000 for each of fiscal years 2004 through 2008. 

"(B) Update of battlefield report.— There are 
authorized to be appropriated to the Secretary to carry 
out paragraph (6)(B), $500,000."; and 
(4) in subsection (e) — 



234 



116 STAT. 3018 PUBLIC LAW 107-359— DEC. 17, 2002 

(A) in paragraph (1), by striking "as of and all that 
follows through the period and inserting "on September 
30, 2008."; and 

(B) in paragraph (2), by inserting "and provide battle- 
field acquisition grants" after "studies '. 

Approved December 17, 2002. 



LEGISLATIVE HISTORY — H.R. 5125: 

HOUSE REPORTS: No. 107-710 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

Oct. 1, considered and passed House. 

Nov. 20, considered and passed Senate. 

o 



235 



116 STAT. 3024 



PUBLIC LAW 107-363— DEC. 19, 2002 



Public Law 107-363 
107th Congress 



An Act 



To direct the Secretary of the Interior to conduct a study of the site commonly 
known as Eagledale Ferry Dock at Taylor Avenue in the State of Washington 
[H-R- 3747] for potential inclusion in the National Park System. 



Dec. 19, 2002 



Bainbridge 
Island Japanese- 
American 
Memorial Study 
Act of 2002. 



Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; FINDINGS. 

(a) Short Title. — This Act may be cited as the "Bainbridge 
Island Japanese-American Memorial Study Act of 2002". 

(b) Findings.— The Congress finds the following: 

(1) Dtiring Worid War II on February 19, 1942, President 
Franklin Delano Roosevelt signed Executive Order 9066, setting 
in motion the forced exile of more than 110,000 Japanese Ameri- 
cans. 

(2) In Washington State, 12,892 men, women and children 
of Japanese ancestry experienced three years of incarceration, 
an incarceration violating the most basic freedoms of American 

(3) On March 30, 1942, 227 Bainbridge Island residents 
were the first Japanese Americans in United States history 
to be forcibly removed fi-om their homes by the U.S. Army 
and sent to internment camps. They boarded the ferry Kehloken 
from the fonner Eagledale Ferry Dock, located at the end 
of Taylor Avenue, in the city of Bainbridge Island, Washington 
State. 

(4) The city of Bainbridge Island has adopted a resolution 
stating that this site shovdd be a National Memorial, and 
similar resolutions have been introduced in the Washington 
State Legislature. 

(5) Both the Minidoka National Monument and Manzanar 
National Historic Site can clearly tell the story of a time in 
our Nation's history when constitutional rights were ignored. 
These camps by design were placed in very remote places 
and are not easily accessible. Bainbridge Island is a short 
ferry ride from Seattle and the site would be within easy 
reach of many more people. 

(6) This is a unique opportunity to create a site that will 
honor those who suffered, cherish the fiiiends and community 
who stood beside them and welcomed them home, and inspire 
aU to stand firm in the event our nation again succumbs to 
similar fears. 

(7) The site should be recognized by the National Park 
Service based on its high degree of national significance, 
association with significant events, and integrity of its location 



236 



PUBLIC LAW 107-363— DEC. 19, 2002 116 STAT. 3025 

and setting. This site is critical as an anchor for future efforts 
to identify, interpret, serve, and ultimately honor the Nikkei — 
persons of Japanese ancestry — influence on Bainbridge Island. 

SEC. 2. EAGLEDALE FERRY DOCK LOCATION AT TAYLOR AVENUE 
STUDY AND REPORT. 

(a) Study. — The Secretary of the Interior shall carry out a 
special resource study regarding the national significance, suit- 
aoiUty, and feasibiUty of designating as a unit of the National 
Park System the property commonly known as the Eagledale Ferry 
Dock at Taylor Avenue and the historical events associated with 
it, located in the town of Bainbridge Island, Kitsap County, Wash- 
ington. 

(b) Report. — Not later than 1 year after funds are first made Deadline, 
available for the study under subsection (a), the Secretary of the 
Interior shaU submit to the Committee on Resources of the House 

of Representatives and the Committee on Energy and Natirral 
Resources of the Senate a report describing the findings, conclu- 
sions, £ind recommendations of the study. 

(c) Requirements for Study. — Except as otherwise provided 
in this section, the study under subsection (a) shall be conducted 
in accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 
la-5(c)). 

Approved December 19, 2002. 



LEGISLATIVE HISTORY— H.R. 3747: (S. 1894) (S. 1959) 

HOUSE REPORTS: No. 107-690 (Comm. on Resources). 

SENATE REPORTS: No. 107-196 accompanying S. 1894 (Comm. on Energy and 

Natural Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 

Nov. 14, considered and passed House. 

Nov. 19, considered and passed Senate. 



o 



237 



PUBLIC LAW 107-369— DEC. 19, 2002 



116 STAT. 3069 



Public Law 107-369 
107th Congress 



An Act 



To revise the boundary of the Allegheny Portage Railroad National Historic Site, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Allegheny Portage Railroad 
National Historic Site Boundary Revision Act". 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Historic site.— The term "historic site" means the 
Allegheny Portage Railroad National Historic Site in Blair and 
Cambria Counties, Pennsylvania, established pursuant to 
PubUc Law 88-546 (78 Stat. 752; 16 U.S.C. 461 note). 

(2) Map.— The term "Map" means the map entitled "Alle- 
gheny Portage Railroad National Historic Site, Blair and 
Cambria Counties, Pennsylvania", nvunbered NERO 423/80,014 
and dated May 01. 

(3) Secretary. — The term "Secretary" means the Secretary 
of the Interior, acting through the Director of the National 
Park Service. 

SEC. 3. REVISION OF HISTORIC SITE BOUNDARIES. 

(a) Lands Excluded From and Added to Historic Site.— 
The boundary of the historic site is hereby revised — 

(1) by deleting — 

(A) the approximately 3.09 acres depicted on the Map 
as tracts 105-21 and 105-15; and 

(B) the approximately 7.26 acres depicted on the Map 
as tract 102-42; and 

(2) by adding — 

(A) the approximately 42.42 acres depicted on the map 
as tract 101-09; and 

(B) the approximately 15 acres depicted on the map 
as tract 104-07. 

(b) Authorization for Acquisitions.— 

(1) Acquisition 1.— 

(A) In general. — The Secretary is authorized to 
acqxiire, from willing owners only, the approximately 98 
acres depicted on the Map as tract 103-07 in exchange 
for the approximately 108 acres depicted on the Map as 
tracts 102-38 and 103-04. 



Dec. 19, 2002 
[H.R. 4682] 



Alle^eny 
Portage Railroad 
NationedHistoric 
Site Bounday 
Revision Act. 
Pennsylvania. 
16USC461note 



238 



116 STAT. 3070 PUBLIC LAW 107-369— DEC. 19, 2002 

(B) Equalization of values.— If the values of the 
tracts to be exchanged under subparagraph (A) are not 
equal, the difference may be equalized by donation, pay- 
ment using donated or appropriated funds, or the convey- 
ance of additional land. 

(2) Acquisition 2. — The Secretary is authorized to acqviire 
by exchange or donation, from willing owners only, the lands 
included within the boundary of the tract described in sub- 
section (a)(2)(B). 

(c) Revision of Boundaries After Acquisitions.— Upon 
completion of the exchange imder subsection (b)(1), the boundaries 
of the historic site shall be revised, as appropriate — 

(1) by adding the land acquired by the United States; 
and 

(2) by deleting the land that is no longer owned by the 
United States. 

SEC. 4. AVAILABILrrY OF MAP. 

A copy of the Map shall be on file and available for inspection 
in the appropriate offices of the National Park Service, Department 
of the Interior. 

SEC. 5. administration OF ACQUIRED LANDS. 

Lands and interests in lands added to the historic site imder 
this Act shall be administered by the Secretary as part of the 
historic site in accordance with applicable laws and regulations. 

Approved December 19, 2002. 



legislative mSTORY — H.R. 4682: 

house REPORTS: No. 107-634 (Comm. on Resources). 
congressional RECORD, Vol. 148 (2002): 

Sept. 24, considered and passed House. 

Nov. 19, considered and passed Senate. 

o 



239 



PUBLIC LAW 107-370— DEC. 19, 2002 116 STAT. 3071 



Public Law 107-370 
107th Congress 

An Act 

To designate certain lands in the State of California as components of the National Dec. 19, 2002 

Wilderness Preservation System, and for other purposes. [HR 4750] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, BigSur 

Wildemeffl and 
SECTION 1. SHORT TITLE AND DEFINITIONS. Convervation Act 

(a) Short Title.— This Act may be cited as the "Big Sur 
WUdemess and Conservation Act of 2002". 

(b) Definitions. — ^As used in this Act, the term "Secretary" 
means the Secretary of the Interior or the Secretary of Agriculture, 
as appropriate. 

SEC. 2, ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM. 

(a) Additions to Ventana Wilderness.— 16 use 1132 

(1) In GENERAL. — The areas described in paragraph (2) — note 

(A) are hereby designated as wilderness and, therefore, 
as components of the National WUdemess Preservation 
System; and 

(B) are hereby incorporated in and shall be deemed 
to be a part of the Ventana Wilderness designated by 
Public Law 91-58. 

(2) Areas described. — The areas referred to in paragraph 
(1) are the following lands in the State of California adminis- 
tered by the Bureau of Land Management or the United States 
Forest Service: 

(A) Certain lands which comprise approximately 995 
acres, as generally depicted on a map entitled "Anastasia 
Canyon Proposed Wilderness Additions to the Ventana 
Wilderness" and dated March 22, 2002. 

(B) Certain lands which comprise approximately 3,530 
acres, as generally depicted on a map entitled "Arroyo 
Seco Corridor Proposed Wilderness Addition to the Ventana 
Wilderness" and dated March 22, 2002. 

(C) Certain lands which comprise approximately 14,550 
acres, as generally depicted on a map entitled "Bear Canyon 
Proposed Wilderness Addition to the Ventana Wilderness" 
and dated March 22, 2002. 

(D) Certain lands which comprise approximately 855 
acres, as genereilly depicted on a map entitled "Black Rock 
Proposed Wilderness Additions to the Ventana Wilderness" 
and dated March 22, 2002. 

(E) Certain lands which comprise approximately 6,550 
acres, as generally depicted on a map entitled "ChaUc Peak 



240 



116 STAT. 3072 PUBLIC LAW 107-370— DEC. 19, 2002 

Proposed Wilderness Addition to the Ventana Wilderness" 
and dated March 22, 2002. 

(F) Certain lands which comprise approximately 1,345 
acres, as generally depicted on a map entitled "Chews 
Ridge Proposed Wilderness Addition to the Ventana Wilder- 
ness" and dated March 22, 2002. 

(G) Certain lands which comprise approximately 2,130 
acres, as generally depicted on a map entitled "Coast Ridge 
Proposed Wilderness Additions to the Ventana Wilderness" 
and dated March 22, 2002. 

(H) Certain lands which comprise approximately 2,270 
acres, as generally depicted on a map entitled "Horse 
Canyon Proposed Wilderness Addition to the Ventana 
Wilderness" and dated March 22, 2002. 

(I) Certain lands which comprise approximately 755 
acres, as generally depicted on a map entitled "Little Sur 
Proposed Wilderness Addition to the Ventana Wilderness" 
and dated March 22, 2002. 

(J) Certain lands which comprise approximately 4,130 

acres, as generally depicted on a map entitled "San Antonio 

Proposed Wilderness Addition to the Ventana Wilderness" 

and dated March 22, 2002. 

16 use 1132 (b) Additions to Silver Peak Wilderness.— 

note (1) In general. — The areas described in paragraph (2) — 

(A) are hereby designated as wilderness and, therefore, 
as components of the National Wilderness Preservation 
System; and 

(B) are hereby incorporated in and shall be deemed 
to be a part of the Silver Peak Wilderness designated 
by Public Law 102-301. 

(2) Areas described. — The areas referred to in paragraph 
(1) are the following lands in the State of California adminis- 
tered by the United States Forest Service: 

(A) Certain lands which comprise approximately 8,235 
acres, as generally depicted on a map entitled "San 
Carpoforo Proposed WUdemess Addition to the Silver Peak 
Wilderness" and dated March 22, 2002. 

(B) Certain lands which comprise approximately 8,820 
acres, as generally depicted on a map entitled "Willow 
Creek Proposed Wilderness Addition to the Silver Peak 
WUdemess" and dated March 22, 2002. 

16 use 1132 (c) ADDITI ONS TO PINNACLE S WILDERNESS.— 

note (1) In GENERAL. — The areas described in paragraph (2) — 

(A) are hereby designated as wilderness and, therefore, 
as components of the National Wilderness Preservation 
System; and 

(B) are hereby incorporated in and shall be deemed 
to be a part of the Pinnacles WUdemess designated by 
Pubhc Law 94-567. 

(2) Areas described. — ^The areas referred to in paragraph 
(1) are the lands in the State of California administered by 
the National Park Service which comprise approximately 2,715 
acres, as generally depicted on a map entitled "Pinnacles Pro- 
posed Wilderness Additions" and dated October 30, 2001. 
(d) Maps and Descriptions .— 

(1) Filing. — As soon as practicable after the date of enact- 
ment of this Act, the appropriate Secretary shall file a map 



241 



PUBLIC LAW 107-370— DEC. 19, 2002 116 STAT. 3073 

and a boundary description of each area designated as wilder- 
ness by this Act with the Committee on Resources of the 
House of Representatives and the Committee on Energy and 
Natural Resources of the Senate. 

(2) Effect . — Each map and description sha 11 have the same 
force and effect as if included in this Act, except that the 
appropriate Secretary is authorized to correct clerical and typo- 
graphical errors in such boundary descriptions and m aps. 

(3) Availability. — Such maps and boundary descriptions 
shall be on file and available for pubhc inspection in the Ofi&ce 
of the Director of the Bureau of Land Management and in 
the Office of the Chief of the Forest Service, as appropriate, 
(e) State and Private Lands. — Lands within the exterior 

boundaries of £iny area added to a wilderness area under this 
section that are owned by the State or by a private entity shaU 
be included within such wilderness area if such lands are acquired 
by the United States. Such lands may be acquired by the United 
States only as provided in the WUdemess Act (16 U.S.C. 1131 
and following). 

SEC. 3. ADMESriSTRATIVE PROVISIONS. 

(a) In General. — Subject to vaUd existing rights, lands des- 
ignated as wilderness by tins Act shall be managed by the Secretary 
of Agriculture or the Secretary of the Interior, as appropriate, 
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 
and this Act, except that, with respect to any wilderness areas 
designated by this Act, any reference in the Wilderness Act to 
the effective date of the WUdemess Act shall be deemed to be 
a reference to the date of enactment of this Act. 

(b) Grazing. — Grazing of Uvestock in wilderness areas des- 
ignated by this Act shall be administered in accordance with the 
provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)), as further interpreted by section 108 of Public Law 
96-560, and, the guidelines set forth in Appendix A of House 
Report 101-405 of the 101st Congress. 

(c) State Jurisdiction.— As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall 
be construed as affecting the jurisdiction or responsibilities of the 
State of California with respect to wildlife and fish in Cahfomia. 

(d) Water.— 

(1) Reservation of water. — With respect to each wilder- 
ness area designated by this Act, Congress hereby reserves 
a quantity of water sufficient to fulfill the purposes of this 
Act. The priority date of such reserved rights shall be the 
date of enactment of this Act. 

(2) Requirement to protect rights.— The appropriate 
Secretary and all other officers of the United States shall 
take steps necessary to protect the rights reserved by paragraph 
(1), including the filing by the Secretary of a claim for the 
quantification of such rights in any present or future appro- 
priate stream adjudication in the covtrts of the State of Cali- 
fornia in which the United States is or may be joined and 
which is conducted in accordance with the McCarran Amend- 
ment (43 U.S.C. 666). 

(3) No reduction or relinquishment.— Nothing in this 
Act shall be construed as a relinquishment or reduction of 
any water rights reserved or appropriated by the United States 



242 



PUBLIC LAW 107-370— DEC. 19, 2002 116 STAT. 3075 

SEC, 8. SILVER PEAK WILDERNESS WATER SYSTEM SPLIT. 

The Secretary of Agricxilture may authorize the construction 
and maintenance of a new water hne and corresponding spring 
box improvements adjacent to an existing domestic water service 
in the Silver Peak Wilderness. 

Approved December 19, 2002. 



LEGISLATIVE HISTORY — H.R. 4750: 

CONGRESSIONAL RECORD, Vol. 148 (2002): 
Nov. 14, considered and passed House. 
Nov. 19, considered and passed Senate. 

o 



243 



116 STAT. 3104 



PUBLIC LAW 107-373— DEC. 19, 2002 



Public Law 107-373 
107th Congress 



Dec. 19, 2002 
[H.R. 4944] 



Cedar Creek and 

Belle Grove 

National 

Historical Park 

Act. 

Virginia. 

16 use 410iii 

note. 

use 410iii. 



An Act 



To designate the Cedar Creek and BeUe Grove National Historical Park as a 
unit of the National Park System, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Cedar Creek and Belle Grove 
National Historical Park Act". 

SEC. 2. PURPOSE. 

The purpose of this Act is to establish the Cedar Creek and 
Belle Grove National Historical Park in order to — 

(1) help preserve, protect, and interpret a nationally signifi- 
cant Civil War landscape and antebellum plantation for the 
education, inspiration, and benefit of present and future genera- 
tions; 

(2) tell the rich story of Shenandoah Valley history fi'om 
early settlement through the Civil War and beyond, and the 
Battle of Cedar Creek and its significance in the conduct of 
the war in the Shenandoah Valley; 

(3) preserve the significant historic, natural, cultural, mili- 
tary, and scenic resources found in the Cedar Creek Battlefield 
and Belle Grove Plantation areas through partnerships with 
local landowners and the community; and 

(4) serve as a focal point to recognize and interpret impor- 
tant events and geographic locations within the Shenandoah 
VaUey Battlefields National Historic District representing key 
Civil War battles in the Shenandoah Valley, including those 
battlefields associated with the Thomas J. (Stonewall) Jackson 
campaign of 1862 and the decisive campaigns of 1864. 



16 use 410iii-l. SEC. 3. FINDINGS. 



Congress finds the following: 

(1) The Battle of Cedar Creek, also known as the battle 
of Belle Grove, was a major event of the Civil War and the 
history of this country. It represented the end of the Civil 
War's Shenandoah Valley campaign of 1864 and contributed 
to the reelection of President Abraham Lincoln and the eventual 
outcome of the war. 

(2) 2,500 acres of the Cedar Creek Battlefield and Belle 
Grove Plantation were designated a national historic landmark 
in 1969 because of their abiUty to illustrate and interpret 
important eras and events in the history of the United States. 
The Cedar Creek Battlefield, Belle Grove Manor House, the 



244 



PUBLIC LAW 107-373— DEC. 19, 2002 116 STAT. 3105 

Heater House, and Harmony Hall (a National Historic Land- 
mark) are also listed on tne Virginia Landmarks Register. 

(3) The Secretary of the Interior has approved the Shen- 
andoah Valley Battlefields National Historic District Manage- 
ment Plan and the National Park Service Special Resource 
Study, both of which recognized Cedar Creek Battlefield as 
the most significant Civil War resource within the historic 
district. The management plan, which was developed with 
extensive public participation over a 3-year period and is 
administered by the Shenandoah Valley Battlefields Founda- 
tion, recommends that Cedar Creek Battlefield be established 
as a new unit of the National Park System. 

(4) The Cedar Creek Battlefield Foundation, organized in 
1988 to preserve and interpret the Cedar Creek Battlefield 
and the 1864 Valley Campaign, has acquired 308 acres of 
land within the boundaries of the National Historic Landmark. 
The foundation annually hosts a major reenactment and Uving 
history event on the Cedar Creek Battlefield. 

(5) Belle Grove Plantation is a Historic Site of the National 
Trust for Historic Preservation that occupies 383 acres within 
the National Historic Landmark. The Belle Grove Manor House 
was built by Isaac Hite, a Revolutioneuy War patriot married 
to the sister of President James Madison, who was a frequent 
visitor at Belle Grove. President Thomas Jefferson assisted 
with the design of the house. During the Civil War Belle 
Grove was at the center of the decisive battle of Cedar Creek. 
Belle Grove is managed locally by Belle Grove, Incorporated, 
and has been open to the public since 1967. The house has 
remained virtuzdly unchanged since it was built in 1797, 
offering visitors an experience of the life and times of the 
people who lived there in the 18th and 19th centuries. 

(6) The panoramic views of the mountains, natural areas, 
and waterways provide visitors with an inspiring setting of 
great natural beauty. The historic, natural, cviltural, military, 
and scenic resovirces found in the Cedar Creek Battlefield and 
Belle Grove Plantation areas are nationally and regionally 
significant. 

(7) The existing, independent, not-for-profit organizations 
dedicated to the protection and interpretation of the resources 
described above provide the foundation for pubUc-private part- 
nerships to further the success of protecting, preserving, and 
interpreting these resources. 

(8) None of these resources, sites, or stories of the Shen- 
andoah Valley are protected by or interpreted within the 
National Park System. 

SEC. 4. DEFINITIONS. 16 USC 410iii-2. 

In this Act: 

(1) Commission.— The term "Commission" means the Cedar 
Creek and Belle Grove National Historical Park Advisory 
Commission estabUshed by section 9. 

(2) Map. — The term "Map" means the map entitled 
"Boundary Map Cedar Creek and BeUe Grove National Histor- 
ical Park", numbered CEBE^0,001, and dated September 2002. 

(3) Park.— The term "Park" means the Ced!ar Creek and 
Belle Grove National Historical Park estabUshed under section 
5 and depicted on the Map. 



245 



116 STAT. 3106 PUBLIC LAW 107-373— DEC. 19, 2002 

(4) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

16 use 410iii-3. SEC. 6. ESTABLISHMENT OF CEDAR CREEK AND BELLE GROVE 

NATIONAL HISTORICAL PARK. 

(a) Establishment.— There is established the Cedar Creek and 
Belle Grove National Historical Park, consisting of approximately 
3,000 acres, as generally depicted on the Map. 

(b) Availability of Map.— The Map shall be on file and avail- 
able for public inspection in the offices of the National Park Service, 
Department of the Interior. 

16 use 410iii-4. SEC. 6. ACQUISITION OF PROPERTY, 

(a) Real Property. — The Secretary may acquire land or 
interests in land within the boundaries of the Park, from wilUng 
sellers only, by donation, purchase with donated or appropriated 
funds, or exchange. 

(b) Boundary Revision.— After acquiring land for the Park, 
the Secretary shall — 

(1) revise the boundary of the Park to include newly 
acquired land within the boundary; and 

(2) administer newly acquired land subject to applicable 
laws (including regulations). 

(c) Personal Property. — The Secretary may acquire personal 
property associated with, and appropriate for, interpretation of 
the Park. 

(d) Conservation Easements and Covenants.— The Secretary 
is authorized to acquire conservation easements and enter into 
covenants regarding lands iu or adjacent to the Park from willing 
sellers only. Such conservation easements and covenants shall have 
the effect of protecting the scenic, natural, and historic resources 
on adjacent lands and preserving the natural or historic setting 
of the Park when viewed from within or outside the Park. 

(e) Support Facilities.— The National Park Service is author- 
ized to acquire from willing sellers, land outside the Park boundary 
but in close proximity to the Park, for the development of visitor, 
administrative, museum, curatorial, and maintenance facilities. 

16 use 410iii-6. SEC. 7. ADMINISTRATION. 

The Secretary shall administer the Park in accordance with 
this Act and the provisions of law generally apphcable to units 
of the National Park System, including — 

(1) the Act entitled "An Act to estabhsh a National Park 
Service, and for other purposes", approved August 25, 1916 
(16 U.S.C. 1 et seq.); and 

(2) the Act entitled "An Act to provide for the preservation 
of historic American sites, buildings, objects, and antiquities 
of national significance, and for other purposes", approved 
August 21, 1935 (16 U.S.C. 461 et seq.). 

16 use 410iii-€. SEC. 8. MANAGEMENT OF PARK. 

(a) Management Plan. — The Secretary, in consultation with 
the Commission, shall prepare a management plan for the Park. 
In particular, the management plan shall contain provisions to 
address the needs of owners of non-Federal land, including inde- 
pendent nonprofit organizations within the boundaries of the Park. 
Deadline. (b) SUBMISSION OF PLAN TO CONGRESS. — Not later than 3 years 

after the date of the enactment of this Act, the Secretary shall 



246 



PUBLIC LAW 107-373— DEC. 19, 2002 116 STAT. 3107 

submit the management plein for the Park to the Committee on 
Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate. 

SEC. 9. CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL 16 USC 410iii-7. 
PARK ADVISORY COMMISSION. 

(a) Establishment. — There is established the Cedar Creek and 
Belle Grove National Historical Park Advisory Commission. 

(b) Duties.— The Commission shall— 

(1) advise the Secretary in the preparation and implementa- 
tion of a general management plan described in section 8; 
and 

(2) advise the Secretary with respect to the identification 
of sites of significance outside the Park boundary deemed nec- 
essary to fulfill the purposes of this Act. 

(c) Membership.— 

(1) Composition. — The Commission shall be composed of 
15 members appointed by the Secretary so as to include the 
following: 

(A) 1 representative fi-om the Commonwealth of Vir- 
ginia. 

(B) 1 representative each from the local governments 
of Strasburg, Middletown, Frederick County, Shenandoah 
County, and Warren County. 

(C) 2 representatives of private landowners within the 
Park. 

(D) 1 representative from a citizen interest group. 

(E) 1 representative from the Cedar Creek Battlefield 
Foundation. 

(F) 1 representative from BeUe Grove, Incorporated. 

(G) 1 representative fi-om the National Trust for His- 
toric Preservation. 

(H) 1 representative fi-om the Shenandoah Valley 
Battlefields Foundation. 

(I) 1 ex-officio representative from the National Park 
Service. 

(J) 1 ex-oflficio representative from the United States 
Forest Service. 

(2) Chairperson. — The Chairperson of the Commission 
shall be elected by the members to serve a term of one year 
renewable for one additional year. 

(3) Vacancies. — A vacancy on the Commission shall be 
filled in the same manner in which the original appointment 
was made. 

(4) Terms of service. — 

(A) In general. — Each member shall be appointed 
for a term of 3 years and may be reappointed for not 
more than 2 successive terms. 

(B) Initial members. — Of the members first appointed 
under paragraph (1), the Secretary shall appoint — 

(i) 4 members for a term of 1 year; 

(ii) 5 members for a term of 2 years; and 

(iii) 6 members for a term of 3 years. 

(5) Extended service. — A member may serve after the 
expiration of that member's term until a successor has taken 
office. 



247 



116 STAT. 3108 



PUBLIC LAW 107-373— DEC. 19, 2002 



(6) Majority rule. — The Commission shall act and advise 
by affirmative vote of a majority of its members. 

(7) Meetings. — The Commission shall meet at least quar- 
terly at the call of the chairperson or a majority of the members 
of the Commission. 

(8) Quorum.^ — 8 members shall constitute a quorum. 

(d) Compensation. — Members shall serve without pay. Mem- 
bers who are full-time officers or employees of the United States, 
the Commonwealth of Virginia, or any political subdivision thereof 
shall receive no additional pay on account of their service on the 
Commission. 

(e) Travel Expenses. — While away from their homes or regular 
places of business in the performance of service for the Commission, 
members shall be allowed travel expenses, including per diem in 
Ueu of subsistence, in the same manner as persons employed inter- 
mittently in the Government service are allowed expenses under 
section 5703 of title 5, United States Code. 

(0 Hearings; Public Involvement.— The Commission may, 
for purposes of carrying out this Act, hold such hearings, sit and 
act at such times and places, take such public testimony, and 
receive such evidence, as the Commission considers appropriate. 
The Commission may not issue subpoenas or exercise any subpoena 
authority. 



16 use 410iii-8. SEC. 



10. conservation of cedar creek and belle grove 
national historical park. 

(a) Encouragement of Conservation.— The Secretary and 
the Commission shall encourage conservation of the historic and 
natural resources within and in proximity of the Park by land- 
owners, local governments, organizations, and businesses. 

(b) Provision of Technical Assistance.— The Secretary may 
provide technical assistance to local governments, in cooperative 
efforts which complement the values of the Park. 

(c) Cooperation by Federal Agencies.— Any Federal entity 
conducting or supporting activities directly affecting the Park sheill 
consult, cooperate, and, to the maximum extent practicable, coordi- 
nate its activities with the Secretary in a manner that — 

(1) is consistent with the purposes of this Act and the 
standards and criteria established pursuant to the general 
management plan developed pxirsuant to section 8; 

(2) is not likely to have an adverse effect on the resources 
of the Park; and 

(3) is likely to provide for full public participation in order 
to consider the views of all interested parties. 



16 use 410iii-9. SEC. 11. ENDOWMENT. 



(a) In General. — In accordance with the provisions of sub- 
section (b), the Secretary is authorized to receive £md expend funds 
from an endowment to be established with the National Park 
Foundation, or its successors and assigns. 

(b) Conditions. — Funds from the endowment referred to in 
subsection (a) shall be expended exclusively as the Secretary, in 
consultation with the Commission, may designate for the interpreta- 
tion, preservation, and maintenance of the Park resources and 
public access jireas. No expenditure shall be made pursuant to 
this section unless the Secretary determines that such expenditure 
is consistent with the purposes of this Act. 



248 



PUBLIC LAW 107-373— DEC. 19, 2002 



116 STAT. 3109 



SEC. 12. COOPERATIVE AGREEMENTS. 

(a) In General. — In order to further the purposes of this Act, 
the Secretary is authorized to enter into cooperative agreements 
with interested pubhc and private entities and individuals 
(including the National Trust for Historic Preservation, BeUe Grove, 
Inc., the Cedar Creek Battlefield Foundation, the Shenandoah 
Valley Battlefields Foundation, and the Counties of Frederick, Shen- 
andoah, and Warren), through technical and financial assistance, 
including encouraging the conservation of historic and natural 
resources of the Park. 

(b) Technical and Financial Assistance.— The Secretary may 
provide to any person, organization, or governmental entity tech- 
nical and financial assistance for the purposes of this Act, including 
the following: 

(1) Presei-ving historic structures within the Pju-k. 

(2) Maintaining the natural or cultural landscape of the 
Park. 

(3) Local preservation planning, interpretation, and 
management of public visitation for the Park. 

(4) Fxirthering the goals of the Shenandoah Valley Battle- 
fields Foundation related to the Park. 

SEC. 13. ROLES OF KEY PARTNER ORGANIZATIONS. 

(a) In General. — In recognition that central portions of the 
Park are presently owned and operated for the benefit of the pubhc 
by key partner organizations, the Secretary shall acknowledge and 
support the continued participation of these partner organizations 
in the management of the Park. 

(b) Park Partners. — Roles of the current key partners include 
the following: 

(1) Cedar creek battlefield foundation.— The Cedar 
Creek Battlefield Foundation may — 

(A) continue to own, operate, and manage the lands 
acquired by the Foundation within the Park; 

(B) continue to conduct reenactments and other events 
within the Park; and 

(C) transfer ownership interest in portions of their 
land to the National Park Service by d!onation, sale, or 
other means that meet the legal requirements of National 
Park Service land acquisitions. 

(2) National trust for historic preservation and belle 
GROVE incorporated.— The National Trust for Historic 
Preservation and BeUe Grove Incorporated may continue to 
own, operate, and manage Belle Grove Plantation and its struc- 
tures and grounds within the Park boundary. Belle Grove Incor- 
porated may continue to own the house and grounds known 
as Bowman's Fort or Harmony Hall for the purpose of perma- 
nent preservation, with a long-term goal of opening the property 
to the public. 

(3) Shenandoah county.— Shenandoah County may con- 
tinue to own, operate, and manage the Keister park site within 
the Park for the benefit of the public. 

(4) Park community partners.— The Secretary shall 
cooperate with the Park's adjacent historic towns of Strasburg 
and Middletown, Virginia, as well as Frederick, Shenandoah, 
and Warren counties io furthering the purposes of the Park. 



16 use 
410ui-10. 



16 use 
410iii-ll. 



249 



116 STAT. 3110 PUBLIC LAW 107-373— DEC. 19, 2002 

(5) Shenandoah valley battlefields foundation.— The 
Shenandoah Valley Battlefields Foundation may continue to 
administer and manage the Shenandoah Valley Battlefields 
National Historic District in partnership with the National 
Park Service and in accordance with the Management Plan 
for the District in which the Park is located. 

16 use SEC. 14. AUTHOEIZATION OF APPHOPRIATIONS. 

There is authorized to be appropriated such sums as are nec- 
essary to carry out this Act. 

Approved December 19, 2002. 



legislative history— H.R. 4944 (S. 2623): 

HOUSE REPORTS: No. 107-713 (Comm. on Resources). 
congressional record, Vol. 148 (2002): 

Oct. 1, considered and passed House. 

Nov. 19, considered and passed Senate. 

o 



250 



1 



Federal Register 

Vol. 66. No. 149 
Thursday, August 2, 2001 



40571 



Presidential Documents 



Title 3— 

The President 



Executive Order 13221 of July 31, 2001 
Energy Efficient Standby Power Devices 



[FR Doc. 01-19562 
Filed 8-1-01; 11:04 am) 
Billing code 3195-01-P 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including the National Energy Conserva- 
tion Policy Act (Public Law 95-619, 92 Stat. 3206, 42 U.S.C. 8252 et seq.], 
as amended by the Energy Policy Act of 1992 (EPACT) (Public Law 102- 
486, 106 Stat. 2776), and section 301 of title 3, United States Code, and 
in order to further encourage energy conservation by the Federal Government, 
it is hereby ordered as follows: 

Section 1. Energy Ejficient Standby Power Devices. Each agency, when it 
purchases commercially available, off-the-shelf products that use external 
standby power devices, or that contain an internal standby power function, 
shall purchase products that use no more than one watt in their standby 
power consuming mode. If such products are not available, agencies shall 
purchase products with the lowest standby power wattage while in their 
standby power consuming mode. Agencies shall adhere to these requirements, 
when life-cycle cost-effective and practicable and where the relevant prod- 
uct's utility and performance are not compromised as a result. By December 
31, 2001, and on an annual basis thereafter, the Department of Energy, 
in consultation with the Department of Defense and the General Services 
Administration, shall compile a preliminary list of products to be subject 
to these requirements. The Department of Energy shall finalize the list and 
may remove products deemed inappropriate for listing. 

Sec. 2. Independent Agencies. Independent agencies are encouraged to com- 
ply with the provisions of this order. 

Sec. 3. Definition. "Agency" means an executive agency as defined in 5 
U.S.C. 105. For the purpose of this order, military departments, as defined 
in 5 U.S.C. 102, are covered by the Department of Defense. 




THE WHITE HOUSE, 
July 31, 2001. 



251 



Federal Register/Vol. 66, No. 192 /Wednesday, October 3, 2001 / Presidential Documents 50291 

Presidential Documents 



Executive Order 13225 of September 28, 2001 

Continuance of Certain Federal Advisory Committees 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and in accordance with the provisions 
of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it 
is hereby ordered as follows: 

Section 1. Each advisory committee listed below is continued until September 
30, 2003. 

(a) Conamittee for the Preservation of the White House; Executive Order 
11145, as amended (Department of the Interior). 

(b) Federal Advisory Coimcil on Occupational Safety and Health; Executive 
Order 12196, as amended (Department of Labor). 

(c) President's Advisory Commission on Educational Excellence for His- 
panic Americans; Executive Order 12900 (Department of Education). 

(d) President's Board of Advisors on Historically Black Colleges and Univer- 
sities; Executive Order 13021, as amended, (Department of Education). 

(e) President's Board of Advisors on Tribal Colleges and Universities; 
Executive Order 13021, as amended (Department of Education). 

(f) President's Commission on White House Fellowships; Executive Order 
11183, as eimended (Office of Personnel Management). 

(g) President's Committee on the Arts and the Humanities; Executive Order 
12367, as amended (National Endowment for the Arts). 

(h) President's Committee on the International Labor Organization; Execu- 
tive Order 12216, as amended (Department of Labor). 

(i) President's Committee on the National Medal of Science; Executive 
Order 11287, as amended (National Science Foundation). 

(j) President's Committee on Mental Retardation; Executive Order 12994 
(Department of Health and Human Services). 

(k) President's Council on Physical Fitness and Sports; Executive Order 
12345, as amended (Department of Health and Human Services). 

(1) President's Export Council; Executive Order 12131, as amended (Depart- 
ment of Commerce). 

(m) President's National Security Telecommunications Advisory Com- 
mittee; Executive Order 12382, as amended (Department of Defense). 

(n) Trade and Environment Policy Advisory Committee; Executive Order 
12905 (Office of the United States Trade Representative). 
Sec. 2. Notwithstanding the provisions of any other Executive Order, the 
functions of the President under the Federal Advisory Committee Act that 
are applicable to the committees listed in section 1 of this order shall 
be performed by the head of the department or agency designated after 
each committee, in accordance with die guidelines and procedures estab- 
lished by the Administrator of General Services. 

Sec. 3. The following Executive Orders, or sections thereof, which established 
committees that have terminated and whose work is completed, are revoked: 
(a) Sections 3 and 4 of Executive Order 13134 pertaining to the establish- 
ment and administration of the Advisory Committee on Biobased Products 



252 



50292 Federal Register/ Vol. 66, No. 192/Wednesdav, October 3, 2001 /Presidential Documents 

and Bioenergy, superseded by the Biomass Research and Development Tech- 
nical Advisory Committee established pursuant to section 306 of the Biomass 
Research and Development Act of 2000 (Title III of PubUc Law 106-224); 

(b) Executive Order 13080, establishing the American Heritage Rivers Initia- 
tive Advisory Committee; 

(c) Executive Order 13090, as amended by Executive Order 13136, estab- 
lishing the President's Commission on the Celebration of Women in American 
History; 

(d) Executive Order 13168, establishing the President's Commission on 
Improving Economic Opportunity in Communities Dependent on Tobacco 
Production While Protecting Public Health; and 

(e) Executive Order 13075, establishing the Special Oversight Board for 
Department of Defense Investigations of Gulf War Chemical and Biological 
Incidents. 

Sec. 4. Sections 1 through 4 of Executive Order 13138 are superseded. 

Sec. 5. This order shall be effective September 30, 2001. 



(FR Doc. 01-24917 
Filed 10-2-01; 8:45 am) 
Billing code 3195-01-P 




THE WHITE HOUSE, 
September 28, 2001. 



253 



Federal Register 

Vol. 67, No. 40 

Thursday, February 28, 2002 



9385 



Presidential Documents 



Title 3— 

The President 



Executive Order 13258 of February 26, 2002 

Amending Executive Order 12866 on Regulatory Planning 
and Review 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, it is hereby ordered that Executive 
Order 12866, of September 30, 1993, is amended as follows: 

Section 1. Section (2)(b) is amended by striking ", the Vice President, and 
other regulatory pohcy advisors" and inserting in lieu thereof "and regulatory 
policy advisors". 

Sec. 2. Section (2)(c) is amended by: 

(a) striking in the heading the words "The Vice President" and inserting 
in lieu thereof "Assistance"; 

(b) striking the sentence that begins "The Vice President is"; 

(c) striking "In fulfilling their responsibilities" and inserting in lieu thereof 
"In fulfilling his responsibilities"; and 

(d) striking "and the Vice President" both times it appears. 
Sec. 3. Section 3(a) is amended by: 

(a) striking "and Vice President"; 

(b) striking "the Assistant to the President for Science and Technology" 
and inserting in lieu thereof "the Director of the Office of Science and 
Technology Policy"; 

(c) striking "the Assistant to the President for Intergovernmental Affairs" 
and inserting in lieu thereof "the Deputy Assistant to the President and 
Director for Intergovernmental Affairs"; 

(d) striking "the Deputy Assistant to the President and Director of the 
White House Office of Environmental Policy" and inserting in lieu thereof 
"the Chairman of the Coimcil on Environmental Quality and Director of 
the Office of Environmental Quality"; and 

(e) striking "and (12)" and inserting in lieu thereof "(12) the Assistant 
to the President for Homeland Secmrity; and (13)". 

Sec. 4. Section 4(a) is amended by striking "the Vice President shall convene" 
and inserting in lieu thereof "the Director shall convene". 

Sec. 5. Section 4(c)(3) is amended by striking ", the Advisors, and the 
Vice President" and inserting in lieu thereof "and the Advisors". 

Sec. 6. Section 4(c)(4) is amended by striking ", the Advisors, and the 
Vice President" and inserting in lieu thereof "and the Advisors". 

Sec. 7. Section 4(c)(5) is amended by striking ", the Advisors, and the 
Vice President" and inserting in lieu thereof "and the Advisors". 

Sec. 8. Section 4(c)(6) is amended by striking "Vice President, with the 
Advisors' assistance," and inserting in lieu thereof "Director". 

Sec. 9. Section 4(d) is amended by: 

(a) striking ", the Advisors, and the Vice President" and inserting in 
lieu thereof "and the Advisors"; and 

(b) striking "periodically advise the Vice President" and inserting in lieu 
thereof "periodically advise the Director". 



254 



9386 Federal Register / Vol, 67, No. 40/Thursday, February 28, 2002 /Presidential Documents 

Sec. 10. Section 5(c) is amended by striking "Vice President" and inserting 
in lieu thereof "Director". 

Sec. 11. Section 6(b)(4)(C)(i) is amended by striking "Vice Presidential and". 

Sec. 12. Section 7 is amended by: 

(a) striking "resolved by the President, or by the Vice President acting 
at the request of the President" and inserting in lieu thereof "resolved 
by the President, with the assistance of the Chief of Staff to the President 
("Chief of Staff')"; 

(b) striking "Vice Presidential and Presidential consideration" and inserting 
in lieu thereof "Presidential consideration"; 

(c) striking "recommendations developed by the Vice President" and insert- 
ing in lieu thereof "recommendations developed by the Chief of Staff'; 

(d) striking "Vice Presidential and Presidential review period" and insert- 
ing in lieu thereof "Presidential review period"; 

(e) striking "or to the staff of the Vice President" and inserting in lieu 
thereof "or to the staff of the Chief of Staff'; 

(f) striking "the President, or the Vice President acting at the request 
of the President, shall notify" and insert in lieu thereof "the President, 
or the Chief of Staff acting at the request of the President, shall notify". 
Sec. 13. Section 7 is also amended in the first paragraph by inserting 
the designation "(a)" after the words "Resolution of Conflicts.", and by 
designating the following three paragraphs as "(b)", "(c)", and "(d)" in 
order. 

Sec. 14. Section 8 is amended by striking "Vice President" both times 
it appears and inserting in lieu thereof "Director". 



(FR Doc. 02-5069 

Filed 2-27-02; 12:11 pm) 

Billing code 3195-01-P 




THE WHITE HOUSE, 
February 26, 2002. 



255 



Federal Register 

Vol. 67, No. 159 
Friday, August 16, 2002 



53461 



Presidential Documents 



Title 3— 

The President 



Executive Order 13272 of August 13, 2002 

Proper Consideration of Small Entities in Agency Rulemaking 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, it is hereby ordered as follows: 

Section 1. General Requirements. Each agency shall establish procedures 
and policies to promote compliance with the Regulatory Flexibility Act, 
as amended (5 U.S.C. 601 et seq.) (the "Act"). Agencies shall thoroughly 
review draft rules to assess and take appropriate account of the potential 
impact on small businesses, small governmental jurisdictions, and small 
organizations, as provided by the Act. The Chief Counsel for Advocacy 
of the Small Business Administration (Advocacy) shall remain available 
to advise agencies in performing that review consistent with the provisions 
of the Act. 

Sec. 2. Responsibilities of Advocacy. Consistent with the requirements of 
the Act, other applicable law, and Executive Order 12866 of September 
30, 1993, as amended, Advocacy; 

(a) shall notify agency heads from time to time of the requirements of 
the Act, including by issuing notifications with respect to the basic require- 
ments of the Act within 90 days of the date of this order; 

(b) shall provide training to agencies on compliance with the Act; and 

(c) may provide comment on draft rules to the agency that has proposed 
or intends to propose the rules and to the Office of Information and Regu- 
latory Affairs of the Office of Management and Budget (OIRA). 

Sec. 3. Responsibilities of Federal Agencies. Consistent with the requirements 
of the Act and applicable law, agencies shall; 

(a) Within 180 days of the date of this order, issue written procedures 
and policies, consistent with the Act, to ensure that the potential impacts 
of agencies' draft rules on small businesses, small governmental jurisdictions, 
and small organizations are properly considered during the rulemeiking proc- 
ess. Agency heads shall submit, no later than 90 days from the date of 
this order, their written procedures and policies to Advocacy for comment. 
Prior to issuing final procedures and policies, agencies shall consider any 
such comments received within 60 days from the date of the submission 
of the agencies' procedvires and policies to Advocacy. Except to the extent 
otherwise specifically provided by statute or Executive Order, agencies shall 
make the final procedures eind policies available to the public through 
the Internet or other easily accessible means; 

(b) Notify Advocacy of any draft rules that may have a significant economic 
impact on a substantial number of small entities under the Act. Such notifica- 
tions shall be made (i) when the agency submits a draft rule to OIRA 
under Executive Order 12866 if that order requires such submission, or 
(ii) if no submission to OIRA is so required, at a reasonable time prior 
to publication of the rule by the agency; and 

(c) Give every appropriate consideration to any comments provided by 
Advocacy regarding a draft rule. Consistent with applicable law and appro- 
priate protection of executive deliberations and legal privileges, an agency 
shall include, in any explanation or discussion accompanying publication 
in the Federal Register of a final rule, the agency's response to any written 
comments submitted by Advocacy on the proposed rule that preceded the 

256 



53462 Federal Register/ Vol. 67, No. 159/Friday, August 16, 2002 /Presidential Documents 

final rule; provided, however, that such inclusion is not required if the 
head of the agency certifies that the public interest is not served thereby. 
Agencies and Advocacy may, to the extent permitted by law, engage in 
an exchange of data and research, as appropriate, to foster the purposes 
of the Act. 

Sec. 4. Definitions. Terms defined in section 601 of title 5, United States 
Code, including the term "agency," shall have the same meaning in this 
order. 

Sec. 5. Preservation of Authority. Nothing in this order shall be construed 
to impair or affect the authority of the Administrator of the Small Business 
Administration to supervise the Small Business Administration as provided 
in the first sentence of section 2(b)(1) of Public Law 85-09536 (15 U.S.C. 
633(b)(1)). 

Sec. 6. Reporting. For the purpose of promoting compliance with this order, 
Advocacy shall submit a. report not less than annually to the Director of 
the Office of Management and Budget on the extent of compliance with 
this order by agencies. 

Sec. 7. Confidentiality. Consistent v\dth existing law, Advocacy may publicly 
disclose information that it receives from the agencies in the course of 
carrying out this order only to the extent that such information already 
has been lawfully and publicly disclosed by OIRA or the relevant rulemaking 
agency. 

Sec. 8. Judicial Review. This order is intended only to improve the internal 
management of the Federal Government. This order is not intended to, 
and does not, create any right or benefit, substantive or procedural, enforce- 
able at law or equity, against the United States, its departments, agencies, 
or other entities, its officers or employees, or any other person. 



(FR Doc. 02-21056 
Filed 08-15-02; 8:45 am] 
Billing code 3195-01-P 




THE WHITE HOUSE, 
August 13, 2002. 



257 



•U.S. Government Printing Office: 2003—519-658/99020